■LIBRAR1 


3j~?.a  ? ?j> 
C/7 


Univ.of  ill.  Library 

54 

H3C 


'L  l B R.A  FLY 

OF  THE 

U N IVLR.5  ITY 
Of  ILLINOIS 


C.  E.  WHITE,  Mayor, 
Elected  in  1905. 


rainanaes 


■OF  THE 


'a,pi§ndal@, 


Illinois 


:)$uMtshrb  h\t  ^utJmrit^  nf  thr  Cit\i  Cmtitril 


llrtuscfr,  Citmptlrfr  aith  JVniurtateh  b*t  (Ehiunas  B.  If.  ;S*mithf 
JVttimt^  at  ^Cato  aith  (fit^  ,Attimtr^ 


Carbondale,  Illinois: 
Herald  Print, 


Digitized  by  the  Internet  Archive 
in  2016  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/revisedordinance00carb_0 


/S' 3 


TABLE  OF  CONTENTS. 


>0 


*o 


Preface 4 

List  of  City  Officers 6 

Order  of  Business 17 

Preamble  and  Ordaining  Clause 18 

Chapter  I — Animals 19 

Chapter  II— Auctioneers  and  Auctions 34 

Chapter  III— Amusements 36 

Chapter  IV— Billiard  Tables  and  Other  Games 39 

Chapter  V — Boundaries — Wards— City  Property — Corporate  Seal  42 

Article  I.  Boundaries 42 

Article  II.  Division  into  Wards  42 

Article  III.  City  Property 43 

Article  IV.  Corporate  Seal 44 

Chapter  VI— Cemeteries 45 

Chapter  VII— City  Council  50 

Chapter  VIII— City  Officers— Their  Duties  and  Official  Bonds 54 

Chapter  IX— City  Contracts  70 

Chapter  X — Census — Fiscal  and  Municipal  Years  75 

Chapter  XI — Draymen,  Hackmen  and  Hotel  Runners  76 

Chapter  XII— Elections  78 

Article  I.  Elections  in  General 78 

Article  II.  Contesting  Elections 83 

Chapter  XIII— Fees  and  Salaries 86 

Chapter  XIV— Franchises 89 

Chapter  XV— Fire  Department 90 

Article  I.  Fire  Limits  and  Buildings  90 

Article  II.  Fires  and  Fire  Company 94 

Chapter  XVI— Health 96 

Chapter  XVII— City  Jail  and  Jailer 99 

Chapter  XVIII— Licenses  104 

Article  I.  Licenses  in  General  104 

Article  II.  Application  for — How  Issued,  Payment.  Etc 108 

Chapter  XIX— Nuisances 113 

Chapter  XX— Ordinances 117 

Chapter  XXI— Peddlers 122 

Chapter  XXII— Plats 124 

Chapter  XXIII— Penal  Code  and  Practice 123 

Article  I.  Offenses  Against  the  Peace  of  the  City 125 

Article  II.  Offenses  Against  the  Peace  and  Morals  of  the  City  — 130 

Article  III.  Miscellaneous  Offenses 138 

Article  IV.  Practice  146 

Chapter  XXIV — Railroads 157 

Chapter  XXV — Reports  of  Officers 159 

Chapter  XXVI— Scales,  Lumber  Yards,  and  Livery  Stables 164 

Chapter  XXVII — Streets,  Street  Labor,  and  Sidewalks 165 

Article  I.  What  Are  Public  Highways  165 

Article  II.  Streets  166 

Article  III.  Street  Labor 169 

Article  IV.  Sidewalks 171 

Chapter  XXVIII— Taxes 172 

Chapter  XXIX — Miscellaneous  Ordinances 174 

Certificate  of  the  City  Clerk  178 

Ordinance  Authorizing  Publication 179 

Certificate  of  the  City  Clerk 180 

Chapter  XXX— Speeial  Ordinances 181 

Ordinance  148.  Granting  Electric  Light  Franchise  to  R.  D.  Bradberry 181 

Ordinance  253.  Authorizing  Contract  for  Street  Lighting 184 

Ordinance  206.  Permit  to  Standard  Oil  Company 186 

Ordinance  199.  Granting  Telephone  Franchise  to  C.  L.  Downey 187 

Ordinance  301.  Authorizing  and  Regulating  Saloons 190 

Ordinance  311.  Prohibiting  Sale  of  intoxicating  Liquors  on  Sunday  — 193 

Ordinance  273.  Water  Works  Franchise 19S 

Ordinance  290.  Relating  to  Sewers,  Plumbing,  and  Drain  Laying 198 

Ordinance  229.  Relating  to  Loitering  on  Streets  at  Late  Hour  of  Night 208 

Ordinance  293.  Weights  and  Measures  209 

Ordinance  298.  Sputum  Ordinance 212 

Ordinance  295.  Granting  Telephone  Franchise  to  Elkville  Company 212 

Ordinance  296.  Granting  Telephone  Franchise  to  Carbondale  Company 215 

Ordinance  220.  Regulating  the  Construction  of  Privies 219 

Ordinance  247.  Granting  Franchise  to  H.  C.  Curtis  and  Others 220 

Ordinance  303.  Authorizing  the  Issue  of  Bonds 221 

Ordinance  312.  Regulating  the  Distribution  and  Sale  of  theRevised  Ordinances..  226 
Certificate  of  City  Clerk 227 


PREFACE. 


The  reviser  and  compiler  of  this  work  believes 
that  a careful  examination  of  the  same  will  convince 
anyone  that  the  plan  of  revision  and  compilation  is 
simple  and  convenient.  Neither  time  nor  labor  has 
been  spared  in  making  it  so. 

All  the  revised  ordinances  are  arranged  and 
grouped  into  one  ordinance,  with  proper  ordaining 
clause,  as  the  statute  requires.  The  whole  is  divided 
into  chapters,  alphabetically  arranged,  with  appropriate 
titles,  headnotes,  parts  and  sections.  This  revision  and 
compilation  contains  thirty  (30)  chapters,  and  each  of 
them  contains  new  provisions  which  the  reviser  and 
compiler  believes  to  be  a decided  improvement  over 
all  former  revisions  and  compilations.  Such  a work 
has  long  been  needed  in  our  city,  for  the  laws  and  ordi- 
nances have  reached  a very  chaotic  condition  which 
made  it  impossible,  in  many  instances,  to  know  just 
what  the  law  was.  Our  city  has  grown  very  rapidly  in 
the  past  few  years,  and  when  this  is  the  case  the  new 
conditions  must  be  met  by  corresponding  changes  in 
the  laws  and  ordinances.  Many  changes  will  be  found 
in  this  book,  particularly  in  the  Penal  Code  and  Prac- 
tice, which  will,  I think,  prove  to  be  very  complete  and 
comprehensive.  The  whole  has  been  prepared  in 


T.  B.  F.  SMITH,  City  Attorney. 
Elected  in  1905. 


5 


thorough  conformity  with  the  Revised  Statutes  of  the 
State  of  Illinois,  so  that  nothing  may  be  feared  in  that 
regard.  Throughout,  the  reader  will  find  references  to 
the  Illinois  Statutes,  Illinois  Supreme  and  Appellate 
Court  Reports,  and  to  other  authorities  of  known 
standing.  These  will  assist  the  reader  in  the  proper 
study  of  the  ordinances. 

Following  the  revised  ordinances,  are  printed  all 
special  acts  and  ordinances  which  were  not  subject  to 
revision.  They  are  designated  “Special  Ordinances 
of  the  City  of  Carbondale.” 

The  reviser  hopes  that  this  little  work  will  be  read 
and  studied  by  our  citizens;  that  its  provisions  will  be 
followed  and  respected  and  enforced,  not  only  by  all 
officers,  but  by  all  our  people.  Let  our  sentiment  be, 
“It  is  the  law,  and  the  law  must  be  obeyed.”  In  this 
way,  even  our  worst  citizens  will  learn  to  respect  the 
law  and  our  officers  can  more  effectively  enforce  the 
law.  THOMAS  B.  F.  SMITH, 

Reviser  and  Compiler. 

Carbondale,  Illinois,  October,  1905. 


6 


LIST  OF  OFFICERS  OF  CITY. 


The  first  name  in  each  list,  up  to  and  including  the 
list  for  the  year  1868,  were  presiding  officers  of  the 
boards  of  trustees. 


1856. 

James  M.  Morgan,  James  M.  Campbell,  Gabriel 
Sanders,  Asgil  Conner,  Alfred  Singleton. 

1857. 

James  M.  Morgan,  James  M.  Campbell,  R.  R. 
Blackman,  Asgil  Conner,  Samuel  C.  Atkins. 

1858. 

Robert  H.  Marron,  James  M.  Campbell,  Claiborn 
Barrow,  Asgil  Conner,  Henry  Sanders. 

1859. 

Robert  H.  Marron,  James  M.  Campbell,  Claiborn 
Barrow,  Asgil  Conner,  Henry  Sanders. 

1860. 

Robert  H.  Marron,  James  M.  Campbell,  Claiborn 
Barrow,  Asgil  Conner,  Henry  Sanders. 


7 


1 86 1 . 

James  M.  Campbell,  James  M.  Reynolds,  Levi  B. 
Clements,  Asgil  Conner,  Henry  Sanders. 

1862. 

James  M.  Campbell,  Isaac  M.  Kelly,  Claiborn  Bar- 
row,  Levi  B.  Clements,  Asgil  Conner,  Henry  Sanders. 

1863. 

Isaac  M.  Kelly,  James  M.  Campbell,  Claiborn  Bar- 
row,  Levi  B.  Clements,  Silas  G.  Hindman. 

1864. 

Silas  G.  Hindman,  Richard  Dudding,  William  Scur- 
lock,  Levi  B.  Clements,  James  M.  Richart. 

1865. 

Asgil  Conner,  John  W.  Lawrence,  William  Hooker, 
Willis  A.  Spiller,  Joseph  Ennisson. 

1866. 

William  Hadley,  Joseph  M.  Hamilton,  Samuel  C. 
Atkins,  Isaac  Rapp,  William  D.  Harris. 

1867. 

William  Sykes,  Stephen  Blair,  William  H.  Hord, 
George  W.  Feltes,  Joseph  Ennisson. 

1868. 

Stephen  Blair,  S.  G.  Hindman,  Willis  A.  Spiller, 
William  Sykes,  George  W.  Feltes. 

i86q. 

James  B.  Richart,  mayor;  Peter  A.  Smith,  Samuel 
A.  Flagler,  S.  A.  Walker,  Stephen  Blair. 


8 


1870. 

James  B.  Richart,  mayor;  James  M.  Scurlock,  S.  A. 
Flagler,  James  D.  Gage. 

1871. 

Samuel  A.  Flagler,  mayor  (resigned,  and  James  H. 
Crandall  elected  mayor  in  his  stead) ; James  H.  Cran- 
dall, Daniel  J.  White,  Samuel  C.  Atkins,  James  D.  Gage. 

1872. 

James  H.  Crandall,  mayor;  Andrew  C.  Bryden, 
James  W.  Darling,  H.  F.  Goe,  James  M.  Richart. 

1873- 

A.  J.  Backus,  mayor  (died,  and  William  A.  Lemma 
elected  in  his  stead) ; Samuel  Michaelis,  Eli  D.  Cannon, 
Thomas  C.  Atkins,  Charles  Burton. 

1874. 

William  A.  Lemma,  mayor;  William  H.  Wood- 
ward, clerk;  David  N.  Hamilton,  attorney;  E.  S.  Rob- 
ertson, treasurer;  E.  M.  Norbury,  marshal;  James 
M.  Prickett,  police  magistrate;  aldermen — hirst  ward, 
James  Hill,  William  Mellor;  Second  ward,  John  W. 
Spiller,  Eli  D.  Cannon;  Third  ward,  James  M.  Bolling, 
James  Moore. 

^75- 

William  A.  Lemma,  mayor;  W.  H.  Woodward, 
clerk;  A.  D.  Norman,  attorney;  E.  S.  Robertson,  treas- 
urer; William  H.  Baird,  marshal;  James  M.  Prickett,  po- 
lice magistrate;  aldermen — First  ward,  O.  T.  Prickett; 
James  Hill;  Second  ward,  D.  W.  McFaden,  John 
Spiller;  Third  ward,  James  Moore,  James  M.  Bolling. 


9 


1876. 

William  A.  Lemma,  mayor;  W.  H.  Woodward, 
clerk;  A.  D.  Norman,  attorney;  E.  S.  Robertson,  treas- 
urer; O.  P.  Hightower,  marshal;  James  M.  Prickett,  po- 
lice magistrate;  aldermen — First  ward,  Sam  T.  Brush, 
O.  T.  Prickett;  Second  ward,  Robert  Bryden,  D.  W. 
McFaden;  Third  ward,  John  Hayden,  James  Moore. 

1877. 

F.  A.  Prickett,  mayor;  O.  H.  Abel,  clerk;  S.  H. 
Haynes,  attorney;  J.  M.  Scurlock,  treasurer;  O.  P. 
Hightower,  marshal;  James  M.  Prickett,  police  magis- 
trate; aldermen — First  ward,  L.  H.  Carlton,  Sam  T. 
Brush;  Second  ward,  D.  W.  McFaden;  Third  ward,  L. 
W.  Martin,  John  Hayden. 

1878. 

F\  A.  Prickett,  mayor;  O.  H.  Abel,  clerk;  S.  H. 
Haynes,  attorney;  J.  M.  Scurlock,  treasurer;  W.  D. 
Thomas,  marshal;  Sam.  E.  North,  police  magistrate; 
aldermen — First  ward,  Sam  T.  Brush,  L.  H.  Carlton; 
Second  ward,  D.  W.  McFaden,  L.  W.  Martin;  Third 
ward,  John  Hayden,  C.  C.  Thomas. 

1879. 

E.  J.  Ingersoll,  mayor;  O.  H.  Abel,  clerk;  John  W. 
Burton,  attorney;  J.  M.  Scurlock,  treasurer;  J.  M.  Bar- 
low,  marshal;  Sam.  E.  North,  police  magistrate;  aider- 
men — First  ward,  W.  H.  Hudson,  Sam  T.  Brush; 
Second  ward,  Ed.  Brown,  C.  C.  Thomas;  Third  ward, 
John  H.  Burket,  John  Hayden. 

1880. 

E.  J.  Ingersoll,  mayor;  O.  H.  Abel,  clerk;  John  W. 
Burton,  attorney;  J.  M.  Scurlock,  treasurer;  W.  W. 


IO 


Colvin,  marshal;  Sam.  E.  North,  police  magistrate;  al- 
dermen— First  ward,  Sam  T.  Brush,  W.  H.  Hudson; 
Second  ward,  Ed.  Brown,  C.  C.  Thomas;  Third  ward, 
John  Hayden,  John  H.  Burket. 

1881. 

E.  J.  Ingersoll,  mayor;  O.  H.  Abel,  clerk;  W.  P. 
Lightfoot,  attorney;  F.  A.  Prickett,  treasurer;  W.  W. 
Colvin,  marshal;  Sam.  E.  North,  police  magistrate;  al- 
dermen— hirst  ward,  Isaac  Rapp,  James  H.  Harvey; 
Second  ward,  Ed.  Brown,  C.  C.  Thomas;  Third  ward, 
W.  H.  Brewster,  John  Hayden. 

1882. 

E.  J.  Ingersoll,  mayor;  O.  H.  Abel,  clerk;  W.  P. 
Lightfoot,  attorney;  E.  A.  Prickett,  treasurer;  A.  D. 
Hindman,  marshal;  Sam.  E.  North,  police  magistrate; 
aldermen — First  ward,  M.  R.  Embree,  James  H.  Har- 
vey; Second  ward,  Ed.  H.  Elliott,  Ed.  Brown;  Third 
ward,  Patrick  Leary,  L.  H.  Carlton. 

1883. 

E.  J.  Ingersoll,  mayor;  J.  G.  Sims,  clerk;  W.  P. 
Lightfoot,  attorney;  S.  S.  Kimmel,  treasurer;  W.  W. 
Colvin,  marshal;  Sam.  E.  North,  police  magistrate;  al- 
dermen— First  ward,  Sam.  Hewitt,  M.  R.  Embree;  Sec- 
ond ward,  G.  W.  Graham,  Ed.  H.  Elliott;  Third  ward, 
Thomas  Brown,  Patrick  Leary. 

1884. 

E.  J.  Ingersoll,  mayor;  J.  G.  Sims,  clerk;  W.  P. 
Lightfoot,  attorney;  S.  S.  Kimmel,  treasurer;  W.  R. 
Wooten,  marshal;  Sam.  E.  North,  police  magis- 
trate; aldermen — First  ward,  Charles  Gager,  Sam. 


I 


Hewitt;  Second  ward,  J.  J.  Robertson,  G.  W.  Graham; 
Third  ward,  Patrick  Leary,  Thomas  Brown. 

1885. 

E.  J.  Ingersoll,  mayor;  O.  H.  Abel,  clerk;  B.  W. 
Moore,  attorney;  P.  A.  Prickett,  treasurer;  W.  R. 
Wooten,  marshal;  Sam.  E.  North,  police  magis- 
trate; aldermen — First  ward,  E.  P.  Purdy,  Charles 
Gager;  Second  ward,  R.  D.  Owen,  J.  J.  Robertson; 
Third  ward,  William  Mellor,  L.  H.  Carlton. 

1886. 

E.  J.  Ingersoll,  mayor;  O.  H.  Abel,  clerk;  E.  L. 
Abel,  attorney;  F.  A.  Pricket,  treasurer;  W.  R.  Wooten, 
marshal;  A.  B.  Parmelee,  police  magistrate;  aldermen 
— First  ward,  W.  L.  Durkee,  A.  F.  Bridges;  Second 
ward,  J.  J.  Robertson,  R.  D.  Owen;  Third  ward,  William 
Mellor,  L.  H.  Carlton. 

1887. 

J.  H.  Burket,  mayor;  W.  H.  Hudson,  jr.,  clerk;  R. 
T.  Lightfoot,  attorney;  C.  F.  Prickett,  treasurer;  W.  R. 
Wooten,  marshal;  A.  B.  Parmelee,  police  magistrate; 
aldermen — P'irst  ward,  W.  L.  Durkee,  A.  F.  Bridges; 
Second  ward,  J.  C.  Salter,  J.  J.  Robertson;  Third  ward, 
Simeon  Walker,  L.  H.  Carlton. 

1888. 

J.  H.  Burket,  mayor;  W.  H.  Hudson,  jr.,  clerk;  R. 
T.  Lightfoot,  attorney;  C.  F.  Prickett,  treasurer;  W.  J. 
Parish,  marshal;  L.  W.  Throgmorton,  police  magis- 
trate; aldermen — First  ward,  A.  F.  Bridges,  W.  L. 
Durkee;  Second  ward,  Charles  Deason,  J.  C.  Salter; 
Third  ward,  Hugh  Lauder,  Simeon  Walker. 


i88q. 

Hugh  Lauder,  mayor;  W.  H.  Hudson,  jr.,  clerk; 
M.  M.  Thompson,  attorney;  R.  G.  Sylvester,  treasurer; 
W.  H.  Brewster,  F.  M.  Taylor,  marshals;  L.  YV.  Throg- 
morton, police  magistrate;  aldermen- — First  ward,  J.  M. 
Johnson,  A.  F.  Bridges;  Second  ward,  L.  L.  Watson, 
Charles  Deason;  Third  ward  E.  B.  Putnam,  G.  W. 
Entsminger. 

1890. 

Hugh  Lauder,  mayor;  W.  H.  Hudson,  jr.,  clerk; 
M.  M.  Thompson,  attorney;  R.  G.  Sylvester,  treasurer; 
F.  M.  Taylor  marshal;  J.  W.  Grammer,  police  magis- 
trate; alderman — P'irst  ward,  F.  Phoenix,  J.  M.  Johnson; 
Second  ward,  James  Anderson,  L.  L.  Watson;  Third 
ward,  G.  W.  Entsminger,  E.  B.  Putnam. 

1891. 

J.  H.  Searing,  mayor;  W.  E.  Robertson,  clerk;  T. 
S.  Thompson,  attorney;  F.  A.  Prickett,  treasurer;  Alex. 
Crowell,  R.  W.  Morton,  Joshua  Winchester,  Charles 
Crowell,  E.  H.  Grammer,  marshals;  J.  W.  Grammer. 
police  magistrate;  aldermen — P'irst  ward,  J.  M.  John- 
son, C.  W.  Purdy;  Second  ward,  L.  L.  Watson,  James 
Anderson,  (both  resigned  and  J.  M.  Richart  and  J.  M. 
Evans  elected  in  their  places) ; Third  ward,  C.  C.  Law- 
rence, G.  W.  Entsminger. 

1892. 

J.  H.  Searing,  mayor  (resigned  and  A.  M.  Lee 
elected  by  the  council) ; W.  E.  Robertson,  clerk;  T.  S. 
Thompson,  attorney;  P'.  A.  Prickett,  treasurer ; James  M. 
Johnson,  A.  D.  Grant,  Wm.  D.  Rider,  marshals;  J.  W. 
Grammer,  police  magistrate;  aldermen — First  ward,  J. 


13 


M.  Johnson,  J.  F.  Duff;  Second  ward,  J.  M.  Dillinger, 
J.  M.  Richart;  Third  ward,  A.  M.  Lee,  C.  C.  Lawrence. 

1893. 

J.  M.  Johnson,  mayor;  Simeon  Walker,  clerk;  J.  H. 
B.  Renfro,  attorney;  A.  F\  Bridges,  treasurer;  Wm.  D. 
Rider,  marshal;  J.  W.  Grammer,  police  magistrate; 
aldermen — First  ward,  J.  F.  Duff,  James  C.  Brush; 
Second  ward,  L.  L.  Watson,  J.  M.  Dillinger;  Third 
ward,  A.  M.  Lee,  C.  C.  Lawrence. 

1894. 

J.  M.  Johnson,  mayor;  Simeon  Walker,  clerk;  J.  H. 
B.  Renfro,  attorney;  A.  F.  Bridges  treasurer  (died  in 
office,  succeeded  by  M.  M. -Thompson) ; Wm.  D.  Rider, 
J.  J.  Robertson,  marshals;  I.  C.  Batson,  police  magis- 
trate; aldermen — Fdrst  ward,  O.  Barbour,  E.  H.  Brush; 
Second  ward,  J.  H.  Cole,  L.  L.  Watson;  Third  ward, 
Henry  Crawshaw,  A.  M.  Lee.  (License  Board.) 

1895. 

Thomas  F.  Hord,  mayor;  Ben  Wharton,  clerk;  J. 
F.  Taylor,  attorney;  H.  R.  Searing,  treasurer;  John  W. 
Toler,  marshal;  A.  S.  Caldwell,  police  magistrate;  alder- 
men— First  ward,  FI.  C.  Mitchell,  T.  K.  Mackey;  Sec- 
ond ward,  L.  L.  Watson,  John  FI.  Cole;  Third  ward,  A. 
M.  Lee,  W.  H.  Brewster. 

1896. 

Thomas  F\  Hord,  mayor  (moved  out  of  town  and 
L.  L.  Watson  elected  by  council  in  his  place) ; F.  M. 
Caldwell,  clerk;  J.  F.  Taylor,  attorney;  H.  R.  Searing, 
treasurer;  John  W.  Toler,  marshal;  A.  S.  Caldwell,  po- 
lice magistrate;  aldermen — First  ward,  H.  C.  Mitchell, 


14 


L.  L.  Prickett;  Second  ward,  J.  M.  Evans,  L.  L.  Wat- 
son; Third  ward,  Henry  Crawshaw,  W.  H.  Brewster. 

1 8Q7- 

Hugh  Lauder,  mayor;  F.  M.  Caldwell,  clerk;  J.  H. 
Burket,  attorney;  W.  H.  Ashley,  treasurer;  J.  J.  Rob- 
ertson, A.  H.  North,  marshals;  A.  S.  Caldwell,  police 
magistrate;  aldermen — First  ward,  J.  T.  McAnally,  L. 
L.  Prickett;  Second  ward,  H.  A.  Ingersoll,  J.  M.  Evans; 
Third  ward,  Isaac  Ledbetter,  Henry  Crawshaw  (moved 
out  and  Horace  Wickham  elected  to  fill  the  vacancy). 

1898. 

Hugh  Lauder,  mayor;  F.  M.  Caldwell,  clerk;  J.  H. 
Burket,  attorney;  W.  H.  Ashley,  treasurer;  J.  J.  Rob- 
ertson, J.  W.  Toler,  marshals;  W.  P.  Lightfoot,  police 
magistrate;  aldermen— First  ward,  L.  L.  Prickett,  J.  T. 
McAnally;  Second  ward,  E.  W.  Barth,  H.  A.  Ingersoll; 
Third  ward,  E.  D.  Travelstead,  Horace  Wickham. 

1899. 

J.  M.  Dillinger,  mayor;  F.  M.  Caldwell,  clerk;  J.  F. 
Taylor,  attorney;  H.  R.  Searing,  treasurer;  G.  J.  Walker 
(served  two  months  and  J.  J.  Robertson  appointed) 
and  J.  D.  Etherton,  marshals;  W.  P.  Lightfoot,  police 
magistrate;  aldermen — First  ward,  J.  T.  McAnally,  L. 
L.  Prickett;  Second  ward,  M.  R.  Fakes,  E.  W.  Barth; 
Third  ward,  E.  D.  Travelstead,  H.  E.  Lightfoot. 

1900. 

J.  M.  Dillinger,  mayor;  F.  M.  Caldwell,  clerk;  J.  H. 
Burket,  attorney;  H.  R.  Searing,  treasurer;  J.  ].  Rob- 
ertson, J.  D.  Etherton  (latter  served  one  month  and 


i5 


D.  C.  Brown  appointed),  marshals;  W.  P.  Lightfoot, 
police  magistrate;  aldermen — First  ward,  J.  T.  Mc- 
Anally,  H.  C.  Mitchell;  Second  ward,  M.  R.  Fakes,  H. 
A.  Ingersoll;  Third  ward,  H.  E.  Lightfoot,  G.  W.  Ents- 
minger. 

1901. 

J.  T.  McAnally,  mayor;  F.  M.  Caldwell,  clerk;  A. 
L.  Spiller,  attorney;  W.  H.  Ashley,  treasurer;  J.  J.  Rob- 
ertson, D.  C.  Brown,  marshals;  W.  P.  Lightfoot,  police 
magistrate;  aldermen — First  ward,  John  Keesee,  H.  C. 
Mitchell;  Second  ward,  C.  E.  White,  H.  A.  Ingersoll; 
Third  ward,  J.  N.  Howell,  W.  E.  Bush;  Fourth  ward, 
J.  W.  Hanford,  G.  W.  Entsminger. 

1902. 

J.  T.  McAnally,  mayor;  F\  M.  Caldwell,  clerk;  A. 
L.  Spiller,  attorney;  W.  H.  Ashley,  treasurer;  J.  J.  Rob- 
ertson, D.  C.  Brown,  marshals;  J.  H.  B.  Renfro,  police 
magistrate;  aldermen — First  ward,  John  Keesee,  FTank 
Clements;  Second  ward,  C.  E.  White,  H.  A.  Ingersoll; 
Third  ward,  J.  N.  Howell,  W.  E.  Bush;  F'ourth  ward,  J. 
W.  Hanford,  J.  M.  Etherton. 

1903. 

E.  E.  Mitchell,  mayor;  F.  M.  Caldwell,  clerk;  D. 
V.  Youngblood,  attorney;  H.  R.  Searing,  treasurer;  J. 
J.  Robertson,  D.  C.  Brown,  marshals;  J.  H.  B.  Renfro, 
police  magistrate;  aldermen — First  ward,  Frank  Clem- 
ents, H.  C.  Curtis;  Second  ward,  C.  E.  White,  H.  A. 
Ingersoll  (died  in  office) ; Third  ward,  W.  E.  Bush,  John 
Hayden;  F'ourth  ward,  E.  D.  Travelstead,  J.  M.  Eth- 
erton. 


i6 


1904. 

E.  E.  Mitchell,  mayor;  F.  M.  Caldwell,  clerk;  D.  V. 
Youngblood,  attorney;  H.  R.  Searing,  treasurer;  J.  J. 
Robertson,  D.  C.  Brown,  marshals;  J.  H.  B.  Renfro,  po- 
lice magistrate;  aldermen — First  ward,  E.  S.  Patten,  H. 
C.  Curtis;  Second  ward,  J.  M.  Anderson,  C.  E.  White; 
Third  ward,  John  Hayden,  Henry  Young;  Fourth  ward, 

E.  D.  Travelstead,  J.  M.  Etherton. 

1905. 

C.  E.  White,  mayor;  F.  M.  Caldwell,  clerk;  T.  B. 

F.  Smith,  attorney;  A.  G.  Purdy,  treasurer;  J.  J.  Rob- 
ertson, F.  A.  Strohink,  marshals;  J.  H.  B.  Renfro,  police 
magistrate;  aldermen — Phrst  ward,  E.  S.  Patten,  J.  M. 
Dillinger;  Second  ward,  J.  M.  Anderson,  W.  H.  Inger- 
soll;  Third  ward,  Henry  Young,  W.  G.  Spiller;  P'ourth 
ward,  J.  M.  Etherton,  George  A.  Campbell. 


17 


ORDER  OF  BUSINESS. 


1.  Calling  the  roll  of  Aldermen  and  noting  ab- 

sentees. 

2.  Reading  minutes  of  previous  meeting,  amend- 

ing, correcting,  and  disposing  of  the  same. 

. Reports  of  city  officers — 

(a)  The  Mayor. 

(b)  The  City  Clerk. 

(c)  The  City  Attorney,  Police  Magistrate,  and 
Marshals. 

(d)  The  City  Treasurer. 

(e)  The  Street  Commissioner. 

4.  Reports  of  Special  Committees  in  the  order  of 

priority  of  appointment,  unless  otherwise 
specially  ordered. 

5.  Reports  of  Standing  Committees — 

(a)  Street  Committee. 

(b)  Finance  Committee. 

(c)  Ordinance  Committee. 

(d)  Police  and  Jail  Committee. 

(e)  Cemetery, 

6.  Receiving  and  referring  petitions. 

7.  Reading  and  disposing  of  communications. 

8.  Consideration  of  claims,  bills,  and  other  de- 

mands. 

9.  Unfinished  business  and  business  lying  over. 

10.  New  and  miscellaneous  business. 

11.  Adjournment. 


i8 


ORDINANCES  OF  THE 


ORDINANCES. 


An  Ordinance  In  Revision  and  Consolidation  of  the 
General  and  Revised  Ordinances  of  the  City  of 
Carbondale,  Illinois. 

Whereas,  It  is  necessary  that  the  general  and  re- 
vised ordinances  of  the  City  of  Carbondale,  Jackson 
County,  Illinois,  should  be  revised  and  compiled;  and 
Whereas,  It  is  expedient  and  desirable  that  they 
should  be  consolidated  and  arranged  in  appropriate 
chapters,  articles  and  sections,  and  that  the  whole 
should  be  made  as  concise,  clear  and  intelligible  as  pos- 
sible; therefore 

Be  it  ordained  by  the  City  Council  of  the  City  of 
Carbondale,  as  follows;  that  is  to  say: 


CITY  OF  CARBONDALE 


19 


CHAPTER  I. 


ANIMALS. 


Article  I.  Their  running  at 
large. 

Article  II.  Leaving  teams  un- 
hitched, obstructing 
streets,  hitching  to 
shade  trees. 


Article  III. 
Article  IV. 
Article  V. 
Article  VI. 


Dead  animals. 
Dogs. 

Cruelty. 

Butchering. 


ARTICLE  I. 


THEIR  RUNNING  AT  LARGE. 

i Kinds  Not  to  Run  at  Large — Conditions.  Sec- 
tion 1.  It  shall  be  unlawful  for  any  animal  of  the  kind 
or  species  of  horse,  ass,  mule,  cattle,  sheep,  goat,  swine, 
or  geese  to  run  at  large  or  go  unrestrained  within  the 
corporate  limits  of  this  city;  and  the  running  at  large, 
as  aforesaid,  of  any  or  all  of  the  aforesaid  animals  is 
hereby  declared  a nuisance,  which  the  city  marshal  or 
pound  master  shall  instantly  abate  upon  view  by  taking 
up  and  confining  any  such  animal  in  some  certain  pen, 
stable,  or  inclosure,  to  be  known  and  designated  as  the 
pound  of  said  city:  Provided , however , that  the  passage 

of  such  animal  or  animals  through  or  over  the  streets 
and  avenues  of  said  city  while  being  driven  from  one 
inclosure  to  another,  or  while  going  to  or  returning 
from  grounds  lying  beyond  the  city  limits,  and  the 
herding  and  grazing  of  such  animal  or  animals  upon 
such  grounds  in  such  manner,  and  under  such  care,  re- 
straint and  control  of  drivers  or  herders  as  during  such 
passage,  herding,  feeding  and  grazing,  shall  effectually 
restrain  and  govern  the  movements  of,  and  prevent, 


20 


ORDINANCES  OF  THE 


such  animal  or  animals  from  passing  upon  sidewalks, 
or  feeding,  grazing  or  trespassing  upon  any  private  or 
city  property  without  permission  of  the  owner,  shall 
not  be  considered  a violation  of  this  section. 

[All  references  in  the  annotations  to  the  Revised  Statutes  are  to 
Hurd’s  Revision  of  1903,  and  the  abbreviation  R.  S.  is  uniformly 
used  for  Revised  Statutes. — The  Reviser.] 

General  Statute  in  regard  to  animals  running  at  large,  R.  S.  Chap- 
ter 8,  Sections  1-14.  Authority  of  city  council  to  prohibit  animals 
running  at  large,  R.  S.  Chapter  24,  Article  V,  Section  1,  clause  80. 

Where  animals  escape  from  their  owner  and  are  immediately  pur- 
sued, they  are  not  liable  to  be  impounded.  Neglect  of  proper  care 
to  restrain,  or  wrongful  intent  to  suffer  them  to  run  at  large,  is  neces- 
sary to  charge  the  owner  under  the  ordinance.  Kinder  vs.  Gillespie, 
63  111.  88. 

The  Legislature  has  conferred  upon  cities  power  to  declare  what 
shall  constitutte  a nuisance  and  to  provide  for  abating  the  same. 
Roberts  vs.  Ogle,  30  111.  459;  Westgate  vs.  Carr,  43  111.  450. 

2 Penalty.  Sec.  2.  Whoever,  being  the  owner  or 
having  control  of  any  domestic  animal  of  the  species 
mentioned  in  section  t of  this  chapter,  shall  turn,  or 
cause  the  same  to  be  turned,  loose  in  any  street,  alley, 
common  or  public  place,  or  suffer  the  same  to  run  at 
large  or  go  unrestrained  within  the  limits  of  the  city, 
shall,  upon  conviction,  be  fined  not  less  than  two  nor 
more  than  ten  dollars  for  each  offense,  and  in  like  sum 
for  every  day  that  such  animal  or  animals  shall  be  suf- 
fered to  run  at  large  after  conviction  under  the  provi- 
sions of  this  ordinance. 

R.  S.  Chapter  8,  Section  2. 

3 Pound.  Master  — Appointment  of — Compensation. 
Sec.  3.  The  office  of  pound  master  is  hereby  created, 
and  the  mayor  shall  nominate  and,  by  and  with  the  ad- 
vice of  the  city  council,  appoint  some  discreet  and  suit- 
able person,  who  is  a resident  of  the  city,  as  pound 
master,  who  shall  be  subject  to  removal  by  the  mayor 
and  council  at  any  regular  meeting,  or  by  the  mayor 
during  the  intervals  between  the  regular  meetings  of 
the  council.  He  shall  receive  no  salary  or  compensation 
other  than  the  fees  and  charges  hereinafter  fixed  and 


CITY  OF  CARBONDALE 


21 


prescribed,  none  of  which  shall,  in  any  event,  become  a 
charge  against,  ora  liability  of,  the  city,  or  payable  out 
of  its  treasury.  He  shall  take  the  same  oath  as  other 
city  officers,  and  give  bond  in  the  sum  of  five  hundred 
dollars. 

R.  S.  Chapter  24,  Section  2,  clause  80. 

4 City  Pound — Pound  Master  to  Establish.  .Sec.  4. 
It  is  hereby  made  the  duty  of  the  pound  master,  at  his 
own  expense,  to  establish  and  maintain,  at  some  suita- 
ble and  convenient  place  within  the  limits  of  the  city,  a 
suitable  and  sufficient  lot,  pen,  or  other  inclosure  as  a 
city  pound;  and  the  said  pound  shall,  at  all  hours  of 
the  day  time,  be  open  and  accessible,  freely  and  without 
hindrance,  to  all  persons  for  the  examination  and  in- 
spection of  animals  impounded  therein. 

5 Animals  to  Be  Impounded.  Sec.  5.  Whenever 
any  such  animal  or  animals  as  are  mentioned  in  section 
1 of  this  chapter  shall  be  found  running  at  large  or 
unrestrained  within  the  limits  of  the  city,  the  pound 
master  shall  forthwith  arrest,  take  up  and  restrain  and 
confine  the  same  in  the  city  pound,  and  there  keep  and 
properly  care  for  the  same  until  redeemed  and  removed, 
or  sold,  as  hereinafter  provided. 

By-law  or  ordinance  may  authorize  animals  to  be  impounded. 
Poppen  vs.  Holmes,  44  111.  360.  But  the  pound  master  can  not  be 
authorized  to  sell  the  impounded  animal  without  a judicial  proceed- 
ing to  determine  whether  a penalty  has  been  incurred.  Willis  vs. 
Segris,  45  111.  289.  Animals  found  within  city  limits,  but  belonging 
to  parties  living  outside,  may  be  impounded.  Friday  vs.  Floyd,  63 
111.  50. 

6 Notice  op  Impounding — When  Given.  Sec.  6. 
Whenever  the  pound  master  shall  have  impounded  any 
animal  or  animals,  he  shall,  within  twenty-four  hours 
after  such  impounding,  notify  the  owner,  keeper,  or  cus- 
todian thereof,  if  he,  she  or  they  be  to  him  known,  or 
by  diligent  inquiry  by  him  ascertained,  of  the  fact  of 
such  impounding  by  delivering  a notice  containing  a 
description  of  such  animal  or  animals  to  such  owner, 
keeper,  or  custodian,  or  leaving  a copy  thereof  at  his, 


22 


ORDINANCES  OF  THE 


her  or  their  place  of  business  with  some  person  over 
the  age  of  twelve  years.  Such  notice  shall  be  in  writ- 
ing, signed  by  such  officer,  and  be  served  by  copy. 

7 How  Impounded  Animal  Redeemed,  Etc,  Sec.  7. 
Any  animal  or  animals  impounded  under  the  provisions 
of  this  chapter  may  be  redeemed  and  reclaimed  by  the 
owner,  keeper  or  custodian  upon  payment  to  the  pound 
master  of  a restraining  fee  of  two  dollars  for  every 
animal  of  the  species  of  horse,  mule,  ass,  or  cattle,  and 
fifty  cents  for  every  animal  of  the  species  of  sheep, 
swine  or  goat,  together  with  the  further  sum  in  all 
cases  of  twenty-five  cents  per  day  for  maintaining  the 
same  for  every  day  such  animal  or  animals  shall  be 
allowed  to  remain  impounded  after  service  of  the  no- 
tice of  impounding  and  the  fee  for  the  service  of  said 
notice. 

8 Proceeding  to  Sell.  Sec.  8.  When  any  animal  or 
animals  impounded  under  the  provisions  of  this  chap- 
ter shall  have  remained  in  the  pound  unredeemed  for 
a period  of  three  days,  the  pound  master  shall  file  with 
the  police  magistrate,  or  some  justice  of  the  peace  of 
the  county,  a statement,  in  writing,  showing  the  num- 
ber and  character  of  such  animals,  the  date  when  im- 
pounded, the  name  of  the  owner,  keeper,  or  custodian, 
if  known,  and  the  date  when  the  notice  of  impounding 
was  served,  with  manner  of  serving  the  same.  Where- 
upon the  police  magistrate  or  justice  of  the  peace  shall 
forthwith  issue  a summons  against  such  owner,  keeper, 
or  custodian,  which  summons  shall  be  returnable  and 
be  served  as  other  summonses  in  civil  actions,  and  shall 
require  the  person  or  persons  against  whom  the  same 
is  issued  to  appear  and  show  cause,  if  any,  why  such 
animal  so  impounded  should  not  be  sold  according  to 
the  provisions  of  this  chapter. 

9 Unknown  Owner — Proceeding — When.  Sec.  9.  If 
the  owner,  keeper  or  custodian  of  such  animal  or  ani- 
mals be  unknown  to  the  pound  master,  and  upon  dili- 
gent inquiry  by  him  can  not  be  ascertained,  the  state- 
ment filed  by  him  with  the  magistrate  or  justice  shall 


CITY  OF  CARBONDALE 


show  that  fact  and  shall  be  verified  by  his  affidavit,  and 
thereupon  the  magistrate  or  justice  shall  docket  the 
proceedings  as  “The  City  of  Carbondale  vs.  The  Un- 
known Owners  of  Impounded  Animals,”  and  shall  cause 
notices,  signed  by  him,  to  be  posted  in  three  of  the 
most  public  places  in  the  city  describing  the  animal  or 
animals,  giving  the  date  of  impounding,  the  amount  of 
cost  and  charges  for  impounding  and  maintaining,  and 
requiring  the  owner,  keeper  or  custodian  to  appear  be- 
fore such  magistrate  or  justice,  at  a place  and  on  a day 
and  at  an  hour  named  in  said  notices,  which  shall  not 
be  less  than  five  nor  more  than  fifteen  days  from  the 
date  thereof,  then  and  there  to  show  cause,  if  any,  why 
such  animal  or  animals  so  impounded  should  not  be 
sold  according  to  the  provisions  of  this  chapter. 

Where  owner  is  unknown,  notice  by  posting  is  authorized.  Pop- 
pen  vs.  Holmes,  44  111.  360. 

10  Duty  of  Officer  to  Post  Notice,  Etc.  Sec.  10.  The 
officer  to  whom  such  notice  shall  be  delivered  for  post- 
ing shall  post  the  same  within  twenty-four  hours  after 
being  by  him  received,  and  shall  make  return  upon  a 
copy  thereof  showing  the  date  and  places  of  posting, 
and  the  owner,  keeper  or  custodian  of  such  animal  or 
animals  may  appear  and  be  made  a party  defendant  in 
such  proceeding  at  any  time  before  final  judgment 
therein. 

11  Hearing  Before  Magistrate.  Sec.  11.  In  all  pro- 
ceedings under  the  provisions  of  this  chapter  the  mag- 
istrate or  justice  before  whom  the  same  is  had  shall, 
when  the  hour  for  trial  arrives,  hear  the  evidence  and 
render  judgment  thereon,  and  if  the  owner,  keeper  or 
custodian  of  the  animal  or  animals  impounded  shall  have 
been  personally  served  with  summons,  or  shall  appear 
in  person  or  by  attorney  without  having  been  person- 
ally served,  such  magistrate  or  justice  shall  ascertain 
and  find  whether  or  not  the  defendant  has  violated 
any  of  the  provisions  of  this  ordinance,  and,  if  he  find 
the  defendant  guilty,  shall  assess  the  proper  penalty 
for  such  violation,  and  shall  also  find  the  amount  of 
costs  and  charges  that  have  accrued  in  and  about  the 


U 


ORDINANCES  OF  THE 


impounding  and  maintaining  of  such  animal  or  ani- 
mals, and  he  shall  render  judgment  for  such  penalty 
and  for  such  costs  and  charges;  but  if  he  find  the  de- 
fendant not  guilty,  he  shall  order  the  proceedings  dis- 
missed and  the  animal  or  animals  surrendered;  but  if 
there  has  been  no  personal  service,  and  the  defendant 
does  not  appear,  he  shall  render  judgment  only  for  the 
costs  and  charges  of  impounding  and  maintaining  as 
aforesaid. 

12  Personal  Judgment — When — Special  Execution. 
Sec.  12.  In  all  cases  under  the  provisions  of  this  chap- 
ter where  the  owner,  keeper  or  custodian  of  the  im- 
pounded animal  or  animals  shall  have  been  personally 
served  with  summons,  or  shall  appear  without  such 
service,  the  judgment,  if  against  the  defendant,  shall  be 
a personal  judgment,  and  execution  shall  issue  thereon 
as  in  other  civil  cases;  but  the  impounded  animals  shall 
be  first  sold  to  satisfy  the  same.  But  in  cases  where  no 
personal  service  is  had,  and  no  appearance  entered  by 
any  person  interested,  the  judgment  shall  be  for  the 
sale  of  the  impounded  animal  or  animals  to  satisfy  the 
amount  of  costs  and  charges,  including  the  costs  of 
trial  aud  sale,  and  a special  execution  shall  issue  to  the 
pound  master,  city  marshal,  or  any  constable,  directing 
him  to  advertise  and  sell  said  animal  or  animals  to  sat- 
isfy said  judgment  and  costs  of  advertising  and  sale. 

1 3 Sale— Return  of  Execution  — Surplus  of  Sale. 
Sec.  13.  All  sales  under  the  provisions  of  this  chapter 
shall  be  made  upon  like  notice  and  in  like  manner  as 
sales  upon  execution  from  justices’  courts  in  civil  cases, 
and  the  execution,  together  with  the  proceeds  of  the 
sale,  shall  be  returned  by  the  officer  making  the  sale 
to  the  magistrate  or  justice  by  whom  the  same  was  is- 
sued, who,  after  deducting  the  amount  of  the  judgment 
and  costs  and  subsequent  sustenance  of  each  animal  to 
day  of  sale  and  costs  of  sale,  shall  pay  to  the  owner, 
keeper,  o’r  custodian  of  such  animal  or  animals,  if 
known,  any  surplus  of  said  sale;  if  unknown,  such  sur- 
plus to  be  paid  within  thirty  days  to  the  city  treasurer, 
who  shall  keep  an  account  of  such  moneys,  and  the 


CITY  OF  CARBONDALE 


25 


owner  of  the  animal  or  animals  sold  may  obtain  the 
same  from  the  city  by  the  direction  of  the  city  council 
at  any  time  within  one  year  after  the  sale  from  which 
the  same  was  realized  upon  satisfactory  evidence  of 
his  ownership  of  the  animal  or  animals  sold. 

14  Fees — Proviso.  Sec.  14.  The  fees  for  services 

under  the  provisions  of  this  chapter,  except  as  herein- 
before mentioned,  shall  be  as  follows:  For  serving  on 

owner  notice  of  impounding,  twenty-hve  cents;  for  is- 
suing and  filing  notices  to  show  cause  against  order  of 
sale,  seventy-five  cents;  for  posting  and  returning  said 
notices,  seventy-five  cents;  and  for  all  other  services 
herein  required  the  same  fees  as  are  or  may  be  allowed 
by  law  to  justices  and  constables  in  civil  cases;  but  it  is 
hereby  expressly  provided  that  the  city  shall  not  be 
liable  for  any  fees,  costs  or  charges  in  any  proceedings 
under  this  chapter,  nor  shall  any  fees,  costs  or  charges 
in  any  event  be  made  a charge  against  or  be  paid  out 
of  the  treasury  of  the  city. 

15  Breaking  Pound — Rescuing  Animal — Penalty. 
Sec.  15.  Any  person  who  shall  break  open  the  city 
pound,  or  any  inclosure  where  any  animal  or  animals 
may  be  impounded,  or  in  any  manner  release  the  same, 
shall,  upon  conviction,  be  fined  not  less  than  three  nor 
more  than  twenty-five  dollars  for  each  offense. 

16  Obstructing  Officer — Penalty.  Sec.  16.  Whoever 
shall  hinder,  delay  or  resist  any  officer,  or  any  person 
acting  under  the  direction  of  an  officer,  in  the  discharge 
of  any  duty  prescribed  by  this  chapter,  or  whoever 
shall  aid,  abet  or  encourage  such  hindrance,  delay,  ob- 
struction, or  resistance,  shall,  upon  conviction,  be  fined 
not  less  than  three  nor  more  than  twenty-five  dollars 
for  each  offense. 

17  Using  Animals — Penalty.  Sec.  17.  The  pound 
master  shall  not  use,  nor  suffer  any  other  person  or 
persons  to  use,  any  animal  or  animals  restrained  by  him 
or  in  his  custody  under  the  provisions  of  this  chapter, 
and  any  persons  using  any  such  animal  or  animals  with- 
out the  knowledge  or  consent  of  the  pound  master 


26 


ORDINANCES  OF  THE 


shall,  upon  conviction,  be  fined  not  less  than  three  nor 
more  than  twenty-five  dollars. 

1 8 Using  or  Abusing  Impounded  A nimals — Penalty. 
Sec.  18.  If  the  pound  master  shall  use,  or  suffer  to  be 
used,  any  animal  or  animals  in  his  custody  under  the 
provisions  of  this  chapter,  or  shall  wilfully  fail,  neg- 
lect or  refuse  to  give  notice  of  impounding,  as  herein 
required,  or  shall  wilfully  fail,  neglect  or  refuse  to  prop- 
erly feed,  care  for  or  maintain  the  same,  or  shall  abuse 
or  cruelly  treat  the  same  while  in  his  custody,  shall, 
upon  conviction,  be  fined  not  less  than  ten  nor  more 
than  fifty  dollars. 


ARTICLE  II. 


LEAVING  TEAMS  UNHITCHED — OBSTRUCTING  STREETS  — 
HITCHING  TO  SHADE  TREES,  ETC. 

19  Teams  or  Animals  to  be  Made  Fast.  Section  19. 
It  shall  be  unlawful  for  any  person  or  persons,  being 
the  owner  or  owners,  or  having  possession  or  control, 
of  any  animal,  animals  or  team  of  animals,  of  the  kind 
or  species  of  horse,  mule,  ass,  cattle,  or  any  other  com- 
monly known  and  used  as  animals  of  burden  or  labor, 
harnessed,  saddled  or  yoked,  or  attached  to  any  wagon, 
cart,  buggy,  carriage,  dray  or  other  vehicle  or  convey- 
ance, or  to  any  kind  of  machine,  instrument  or  thing 
usually  drawn  by  such  animals,  to  leave  the  same 
standing,  remaining  or  being  in,  any  street,  alley  or 
other  public  place,  within  the  limits  of  the  city,  without 
first  hitching  or  making  the  same  fast  by  a good,  stout 
and  substantial  rope,  chain  or  halter,  to  some  stake, 
post,  rack  or  railing  or  other  thing  prepared  or  permit- 
ted to  be  used  for  hitching  purposes. 


CITY  OF  CARBONDALE 


27 


20  Obstructing  Sidewalks  or  Streets  with . Sec.  20. 
It  shall  be  unlawful  for  any  person  or  persons  having 
possession  or  control  of  any  horse,  mare,  mule,  jackass, 
jenny,  bull,  ox  or  cow,  or  any  other  like  animal,  to  lead, 
drive  or  ride  the  same  upon  or  over  any  sidewalk  ad- 
jacent to  any  street  or  alley,  within  the  limits  of  the 
city,  or  to  hitch  or  leave  the  same  standing  or  remain- 
ing upon  any  sidewalk,  crosswalk  or  crossing,  or  in 
any  manner  to  obstruct  any  sidewalk,  crosswalk  or 
crossing  with,  or  by  means  of,  any  such  animal  or  ani- 
mals, or  team,  or  teams  of  the  same,  or  any  wagon, 
cart,  buggy,  carriage  or  other  vehicle  or  conveyance  to 
which  any  such  animal  or  team  may  be  attached. 

21  Tethering  Out — Penalty.  Sec.  21.  It  shall  not 
be  lawful  for  any  person  or  persons,  being  the  owner 
or  owners,  or  having  charge  of  the  same,  to  tie  or 
tether  any  animal  of  the  kind  or  species  of  horse,  mule, 
cow,  or  other  animal,  within  the  limits  of  the  city,  so 
that  such  animal  or  animals,  and  the  rope,  chain  or 
halter  to  which  same  may  be  attached,  or  either  of 
them,  shall  obstruct  any  street,  alley,  sidewalk,  cross- 
walk or  crossing;  and  every  person  violating  this  sec- 
tion shall  be  fined  not  less  than  three  nor  more  than 
twenty-five  dollars  for  each  offense. 

22  Hitching  to  Shade  Trees.  Sec.  22.  It  shall  be 
unlawful  to  hitch  or  fasten  any  horse,  mare,  mule,  ass, 
ox  or  other  animal,  or  team  of  animals,  to  any  tree 
planted,  standing,  growing  or  being  within  the  limits 
of  the  city,  or  to  hitch  or  fasten  the  same,  or  any  of 
them,  to  any  lamp  post  of  any  street  lamp,  water  foun- 
tain or  hydrant,  within  the  city  limits. 

See  Baker  vs.  Town  of  Normal,  81  111.  108. 

23  Penalty.  Sec.  23.  Whoever  shall  violate  the 
provisions  of  the  foregoing  sections  nineteen,  twenty, 
twenty-one  and  twenty-two,  or  any  of  the  same,  shall, 
on  conviction,  be  fined  in  any  sum  not  less  than  three 
nor  more  than  twenty-five  dollars  for  each  and  every 
offense. 


28 


ORDINANCES  OF  THE 


24  Officers  Charged  With  Enforcement.  Sec.  24. 
The  city  marshal  and  street  commissioner  and  all  other 
police  officers  shall  severally  and  jointly  see  that  the 
provisions  of  sections  nineteen,  twenty,  twenty-one  and 
twenty-two  of  this  chapter  are  enforced,  and  when  they, 
or  either  of  them,  find  any  animal  or  team  left,  remain- 
ing or  being  in  any  manner,  or  under  any  circum- 
stances therein  declared  to  be  unlawful,  they  or  he 
shall,  if  said  animal  or  team  be  left  unhitched  in  the 
street,  forthwith  hitch  or  fasten  the  same;  if  left  teth- 
ered out  or  standing  so  as  to  be  and  remain  upon  or 
over  any  sidewalk,  crosswalk  or  crossing,  forthwith  to 
remove  or  cause  same  to  be  removed,  and  if  left  un- 
hitched or  fastened  to  any  shade  tree,  lamp  post,  water 
fountain  or  hydrant,  forthwith  to  remove  and  fasten 
the  same  securely  in  some  proper  place;  and  in  all 
cases  where  the  owner,  keeper  or  those  having  control 
of  any  animal  or  team  of  animals  so  left  in  an  unlawful 
manner  is  or  are  known  to  the  said  marshal  or  other 
officers,  they  or  he  shall  forthwith  institute  proceedings 
and  cause  process  to  be  issued  to  prosecute  such  of- 
fender for  such  offense. 


ARTICLE  III. 


DEAD  ANIMALS. 

25  Who  to  Remove — Penalty.  Section  25.  When- 
ever any  animal  or  animals  of  the  kind  or  species  of 
horse,  mule,  ass,  cattle,  sheep,  swine,  goat  or  dog,  or 
other  animal,  shall  die,  within  the  limits  of  the  city,  the 
owner  or  owners,  person  or  persons  having  possession 
or  control  thereof  shall  forthwith  remove  or  cause  the 
same  to  be  removed  out  of  the  city  limits,  and  at  least 
four  hundred  yards  from  any  dwelling,  and  there  bu- 
ried, and  for  a failure  so  to  do  shall,  on  conviction,  be 
fined  not  less  than  one  nor  more  than  ten  dollars  for 


CITY  OF  CARBONDALE 


2Q 


each  and  every  animal  so  left  unremoved  for  the  space 
of  twenty-four  hours  after  receiving  knowledge,  notice 
or  information  that  the  same  lies  or  remains  dead  within 
the  city  limits. 

R.  S.  Chapter  24,  Section  62,  clauses  75,  78. 

26  Duty  of  Street  Commissioner.  Sec.  26.  When- 
ever any  such  animal  or  animals  as  are  mentioned  in 
section  twenty-four  of  this  chapter  shall  be  found  by 
the  street  commissioner  lying  dead,  or  whenever  he 
shall  receive  information  that  any  such  animal  or  ani- 
mals are  dead,  within  the  limits  of  the  city,  and  the 
owner  or  keeper  thereof  is  to  him  known,  he  shall 
forthwith  give  notice  of  the  fact  to  such  owner  or 
keeper,  and  if  the  same  be  not  removed  by  such  owner 
or  keeper  within  twenty-four  hours  from  such  notice, 
or  if  no  owner  or  keeper  be  found,  then  the  said  super- 
intendent of  streets  shall  cause  the  same  to  be  re- 
moved. He  shall  also  forthwith  make  complaint  to 
the  police  magistrate  or  some  justice  of  the  peace  and 
have  process  issued  to  prosecute  such  owner  or  keeper 
(if  the  same  be  to  him  known,)  so  failing  or  refusing 
to  remove  such  animal  or  animals  for  the  penalty  pro- 
vided in  section  twenty-five  of  this  chapter. 


ARTICLE  IV. 


DOGS. 

27  Tax  071 — When  a7id  to  Whom  Paid.  Section 
27.  An  annual  tax  of  one  dollar  on  each  dog,  and  two 
dollars  on  each  bitch,  within  the  corporate  limits  of 
said  city,  is  hereby  declared  payable  for  each  munici- 
pal year,  on  or  before  the  1st  day  of  June  of  each  cal- 
endar year,  by  the  owner  or  keeper  of  said  dog  or  bitch 
to  said  city.  Any  owner  or  keeper  of  such  dog  or 
bitch  who  shall  fail  to  pay  such  tax,  or  kill  or  perma- 


30 


ORDINANCES  OF  THE 


nently  remove  such  dog  or  bitch  from  the  corporate 
limits  of  said  city  on  or  before  the  time  fixed  for  the 
payment  of  such  tax,  or  who  shall  thereafter  refuse  to 
surrender  to  the  city  marshal,  on  demand,  such  dog  or 
bitch  for  the  purpose  of  being  destroyed,  shall,  on  con- 
viction, be  fined  not  less  than  three  nor  more  than  ten 
dollars.  But  said  penalty  may  be  avoided  before  trial 
by  payment  of  said  tax  and  costs  to  date  of  payment. 

Power  to  tax  dogs.  R.  S.  Chapter  24,  Aiticle  V,  Section  1, 
ciause  80.  And  that  muzzle  may  be  required,  and  unmuzzled  dogs 
declared  a nuisance.  See  Pritchaid  vs.  Keeper,  53  111.  1 1 7 ; Leach 
vs.  Elwood,  3 111.  App.  453. 

28  City  Marshal  to  Make  List , Etc.  Sec.  28.  Up- 
on the  1st  of  May  in  each  year  it  shall  be  the  duty  of 
the  city  marshal  to  make  a list  of  all  dogs  owned  in 
the  city,  and  by  whom  owned  so  far  as  the  same  may 
1 e known  to  him,  and  he  shall  give  public  notice  in  the 
city  newspaper  to  all  persons  owning,  having  or  keep- 
ing any  dog  or  bitch  in  the  city  of  Carbondale  to  pay 
their  dog  tax  on  or  before  the  1st  day  of  June  in  such 
year. 

29  City  Marshal  to  Provide  Collar.  Sec.  29.  All 
persons  owning,  having  or  keeping  any  dog  or  bitch 
within  the  corporate  limits  of  the  city  of  Carbondale 
shall  pay  the  tax  mentioned  in  section  one  of  this  chap- 
ter to  the  city  marshal,  who  in  lieu  of  a receipt  there- 
for shall  deliver  to  such  person  paying  said  tax  a me- 
tallic plate  having  the  letters  “D.  T.  P.”  and  the  calen- 
dar year  in  figures  thereon,  which  characters  shall  sig- 
nify that  said  tax  is  paid  for  the  following  year  from 
June  1 in  the  calendar  year  indicated.  The  owner  or 
keeper  of  any  dog  or  bitch  upon  which  the  said  tax 
has  been  paid  as  aforesaid  shall  affix  in  a permanent 
manner  to  his  or  her  dog  or  bitch  the  metallic  plate 
aforesaid  so  that  the  same  can  readily  be  seen  by  the 
city  officers. 

30  City  Clerk  to  Purchase.  Sec.  30.  The  city 
clerk  shall  purchase  a supply  of  the  metallic  plates 
mentioned  in  section  three  of  this  chapter  in  such  num- 


CITY  OF  CARBONDALE 


31 


bers  as  the  council  may  direct,  and  shall  furnish  the 
same  to  the  city  marshal,  taking  his  receipt  therefor 
for  the  number  of  plates  so  delivered,  and  the  city 
marshal  shall  account  to  the  city  clerk  the  manner  of 
disposing  of  the  same  whenever  requested  by  said  city 
clerk. 

3 1 Dogs  to  Be  Muzzled — Penalty.  Sec.  3 1 . No  dog 
or  bitch  shall  be  suffered  to  run  at  large  within  the  cor- 
porate limits  of  said  city  unless  securely  muzzled  when 
danger  of  hydrophobia  shall  be  declared  to  exist  by 
proclamation  of  the  mayor  of  said  city,  and  any  owner 
or  keeper  of  such  dog  or  bitch  who  shall  wilfully  vio- 
late the  provisions  of  this  section  shall  be  subject  to  a 
fine  of  five  dollars. 

See  Note,  Section  1. 

32  Bitch  jVot  to  Run  at  Large  When  in  Heat — Pen- 
alty. Sec.  32.  Any  bitch  running  at  large  while  in  heat 
is  hereby  declared  a nuisance,  and  the  owner  or  keeper 
of  such  bitch  permitting  the  same  to  run  at  large  while 
in  heat  shall  be  subject  to  a fine  of  not  less  than  five 
nor  more  than  fifty  dollars,  and  the  city  marshal  shall, 
and  any  other  person  may,  slay  or  cause  to  be  slain  any 
bitch  running  at  large  in  the  city  while  in  heat,  and  its 
body  to  be  buried. 

Power  to  declare  what  is  a nuisance.  R.  S.  Chapter  24,  Article 
V,  Section  1,  clause  75. 

33  Dangerous  Dog — Prohibited — Penalty.  Sec.  33. 
The  owner  of  a fierce  and  dangerous  dog  or  bitch  who 
shall  permit  the  same  to  go  at  large,  to  the  danger, 
damage  or  annoyance  of  any  of  the  inhabitants,  shall 
be  subject  to  a fine  of  not  less  than  five  nor  more  than 
fifty  dollars,  and  upon  a second  conviction  for  the  same 
offense  the  city  marshal  shall  immediately  cause  the 
dog  on  account  of  which  the  conviction  takes  place  to 
be  slain  and  its  body  to  be  buried. 

34  When  Tax  Paid — Duty  of  Marshal.  Sec.  34. 
Every  dog  or  bitch  upon  which  the  tax  shall  not  be  paid 
as  provided  by  the  provisions  of  this  chapter  shall  be 


32 


ORDINANCES  OF  THE 


liable  to  summary  destruction,  and  the  city  marshal 
shall  proceed  annually,  on  the  second  day  of  June,  to 
destroy,  remove  and  bury  every  such  dog  and  bitch, 
and  shall  continue  the  work  of  destruction  until  none 
remains;  or  he  may  seize  and  impound  the  same,  and 
keep  them  so  impounded  five  days,  during  which  time 
the  ownet  or  keeper  may  redeem  by  paying  the  amount 
of  the  tax  on  every  dog  or  bitch  and  costs  to  time  of 
payment.  If,  at  the  end  of  five  days,  such  dogs  or 
bitches  be  not  reclaimed  the  city  marshal  shall  destroy 
them  as  hereinbefore  provided. 

35  What  Dogs  Exempt . Sec.  35.  The  provisions 
of  this  chapter  shall  not  apply  to  any  dog  or  bitch 
under  the  age  of  three  months,  nor  to  any  dog  or  bitch 
brought  into  the  city  by  the  owner  thereof,  the  onwer 
being  a non-resident,  until  such  dog  or  bitch  shall  have 
been  in  the  city  three  days. 

36  Fees  for  Collecting  and  Killing . Sec.  36.  The 
following  fees  shall  be  allowed  for  services  rendered 
under  the  provisions  of  this  chapter  out  of  the  city 
treasury:  To  the  city  clerk.,  five  per  cent,  of  the  dog  tax 
collected;  to  the  city  marshal,  twenty  per  cent,  of  the 
dox  tax  collected,  and  also  fifty  cents  for  each  dog  or 
bitch  killed  and  buried  by  him;  and  he  shall  verify  his 
claim  against  said  city  for  the  last-named  fee  by  affi- 
davit, stating  the  time  when  such  dog  or  bitch  was 
killed  and  where  the  same  was  buried. 

37  Marshal  to  Pay  Money  Over— When.  Sec.  37. 
The  city  marshal  shall  pay  to  the  city  treasurer,  on  or 
before  the  first  day  of  July  in  each  year,  the  amount  of 
money  by  him  received  on  account  of  dog  tax,  less  his 
charges  and  allowances. 

38  Fee  for  Impounding.  Sec.  38.  For  the  impound- 
ing of  each  dog  or  bitch,  when  the  same  shall  be  re- 
deemed, the  city  marshal  shall  collect  a fee  of  fifty  cents 
for  each  dog  or  bitch  so  impounded,  together  with  cost 
of  maintenance  while  so  impounded. 


CITY  OF  CARBONDALE 


33 


ARTICLE  V. 


CRUELTY  TO  ANIMALS. 

39  Manner  — Penalty  — Prosecution.  Section  39. 
Whoever  shall  be  guilty  of  cruelty  to  any  animal,  with- 
in the  limits  of  the  city,  in  any  of  the  ways  or  by  any  of 
the  means  mentioned  in  this  section,  shall,  on  convic- 
tion, be  fined  not  less  than  three  nor  more  than  one 
hundred  dollars,  and  the  city  marshal  is  hereby  charged 
with  the  enforcement  of  the  provisions  hereof  and  shall 
make  complaint  against  and  have  process  issued  to 
prosecute  any,  every  and  all  persons  offending  against 
the  same. 

40  First.  By  overloading,  overdriving,  overwork- 
ing, cruelly  beating  or  mutilating  any  animal,  or  caus- 
ing or  knowingly  allowing  the  same  to  be  done. 

41  Second.  By  cruelly  working  any  old,  maimed, 
sick,  infirm  or  disabled  animal,  or  causing  or  knowingly 
permitting  the  same  to  be  done. 

42  Third.  By  wilfully  failing,  neglecting  or  refus- 
ing to  properly  feed,  provide  or  care  for  any  animal  in 
his,  her  or  their  custody,  charge  or  control. 

43  Fourth.  By  abandoning  any  old,  infirm,  sick 
or  disabled  animal. 

Power  to  prohibit  and  punish  cruelty  to  animals.  R.  S.  Chap- 
ter 24,  Article  V,  Section  1,  clause  73. 

44  Animals  Found  Standing  After  12  O'clock  at 
Night — Duty  of  Police.  Sec.  40.  Any  police  officer  who 
may  find  any  horse  or  mule,  or  any  team,  upon  any 
street  or  alley  in  said  city  after  12  o’clock  at  night,  with- 
out any  owner  or  other  person  being  in  charge  thereof, 
shall  be  authorized  to  take  such  animal  or  team  to  the 
city  pound  or  other  safe  place,  to  be  there  kept  and 
supplied  with  necessary  sustenance  until  the  owner  or 
person  entitled  to  the  possession  of  the  same  shall 
appear  and  prove  his  ownership,  and  pay  the  proper 
charges  thereon. 


34 


ORDINANCES  OF  THE 


ARTICLE  VI. 


BUTCHERING. 

45  No  Butchering — Penalty.  Sec.  41.  Any  butcher 
or  other  person  engaged  in  the  business  of  butchering 
or  slaughtering  animals  as  a business  or  occupation 
who  shall  kill,  slaughter  or  butcher  any  cattle,  sheep, 
goat  or  swine,  or  other  animals  the  flesh  of  which  is 
used  or  eaten  for  food,  within  the  limits  of  the  city, 
shall,  on  conviction,  be  fined  not  less  than  three  dollars 
nor  more  than  ten  dollars  for  each  and  every  such  ani- 
mal so  killed  or  slaughtered. 

46  Not  to  Keep  Butchering  Pen,  Etc. — Penalty.  Sec. 

42.  Any  and  every  house,  building,  pen  or  place  kept 
or  used,  within  the  limits  of  the  city,  for  slaughtering 
purposes  shall  be  deemed  and  held  to  be  a nuisance 
and  abated  by  the  city  marshal  accordingly.  And  the 
person  or  persons  so  keeping  or  using  any  such  house, 
building,  pen  or  place  shall,  on  conviction  thereof,  be 
fined  not  less  than  three  nor  more  than  one  hundred 
dollars:  Provided. . that  nothing  in  this  or  the  preceding 

section  shall  prevent  the  city  council  from  granting  any 
butcher  or  other  person  permission  to  slaughter  or  es- 
tablish a slaughtering  pen  or  house  within  the  limits  of 
the  city. 


CHAPTER  II. 


AUCTIONEERS  AND  AUCTIONS. 


47  License  Required.  Section  1.  It  shall  be  unlaw- 
ful for  any  person  to  engage  in,  use,  exercise  or  follow 
the  business  of  auctioneering  or  hawking  as  an  occu- 
pation or  for  a livelihood,  or  for  money  or  other  valu- 
able thing,  within  the  limits  of  the  city,  or  for  any 


CITY  OF  CARBONDALE 


35 


transient  or  traveling  person  temporarily  within  the 
city  to  sell  or  dispose  of  goods,  wares,  merchandise  or 
other  valuable  thing  for  money,  at  or  by  auction  or 
hawking,  within  the  limits  of  the  city,  without  first  pro- 
curing a license  so  to  do  in  the  manner  provided  by 
law  or  the  ordinances  of  the  city. 

Authority  of  cities  to  require  license.  R.  S.  Chapter  24,  Article 
V,  Section  1,  clause  41. 

Illinois  State  Const.  Article  IX,  Section  1. 

Wiggins  vs.  Chicago,  68  111.  372. 

Who  is  an  auctioneer.  Bouv.  Diet,  under  Auctioneer. 

Who  deemed  hawker.  Section. 

48  Taxes  On — Classification.  Sec.  2.  To  obtain  a 
license  as  provided  in  section  one  of  this  chapter,  the 
person  applying  therefor  shall  pay  the  amount  required 
of  the  class  to  which  his  business  may  belong  accord- 
ing to  the  following  classification: 

49  First.  For  a license  to  exercise  or  follow  the 
business  of  auctioneer  as  an  occupation  or  continued 
calling,  when  applied  for  by  a citizen  or  permanent  resi- 
dent of  the  city,  ten  dollars  per  annum,  or  a propor- 
tionately less  amount  when  such  license  is  issued  for  a 
shorter  period. 

50  Second.  For  a like  license  as  above,  when  ap- 
plied for  by  any  person  not  a citizen  or  permanent  resi- 
dent of  the  city,  fifteen  dollars  per  annum,  or  a propor- 
tionately less  amount  when  such  license  is  issued  for  a 
shorter  period;  provided , however , no  license  to  exercise 
or  follow  the  business  of  an  auctioneer  as  an  occupation 
or  continued  calling  shall  be  issued  for  a longer  period 
than  one  year  nor  for  a shorter  period  than  three 
months. 

51  T hird.  For  a license  to  hawk  or  sell  goods, 
wares,  merchandise  or  other  valuable  thing,  except 
drugs,  medicines  and  recipes,  by  auction,  when  applied 
for  by  a transient  or  traveling  person  temporarily  within 
the  city,  not  less  than  two  dollars  nor  more  eight  dol- 
lars per  day;  provided , no  such  license  shall  be  issued 
for  anv  part  or  fraction  of  a day;  and  provided  further , 


ORDINANCES  OF  THE 


36 

that  the  provisions  of  this  subdivision  of  this  section 
shall  apply  to  any  person  not  a bona  fide  resident  of  the 
city  who  shall  bring  within  the  limits  of  the  city  and 
have  sold  at  auction  any  goods,  wares,  merchandise  or 
other  valuable  thing,  whether  brought  in  stock  lots  or 
otherwise,  and  whether  such  person  conduct  such  auc- 
tion himself  or  employ  a resident  auctioneer,  or  any 
other  person,  to  conduct  the  same;  and  it  shall  also 
apply  to  any  resident  auctioneer  conducting  such  auc- 
tion; and 'provided  further,  that  every  traveling  vender 
of  drugs,  medicines  or  recipes  shall  be  deemed  a hawker 
within  the  meaning  of  this  section,  and  to  obtain  a 
license  to  carry  on  such  business  within  this  city  shall 
pay  not  less  than  fifteen  dollars  for  each  and  every  day 
he  may  be  engaged  in  said  business  within  the  city. 

Power  to  license  itinerant  merchants.  R.  S.  Chapter  24,  Section 

62a. 


52  Hawkers — Who  Are.  Sec.  3.  The  word  hawk 
as  used  in  this  chapter  shall,  except  as  hereinafter  pro- 
vided, be  deemed  to  mean  and  apply  to  one  who  sells 
goods,  wares,  merchandise  or  other  valuable  thing  at 
and  by  public  outcry,  himself  remaining  stationed  at  a 
certain  place  or  point. 

53  Penalty.  Sec.  4.  Whoever  shall  offend  against 
any  of  the  provisions  of  this  chapter  shall,  on  convic- 
tion, be  fined  not  less  than  three  nor  more  than  twenty- 
five  dollars. 


CHAPTER  III. 


AMUSEMENTS. 


54  License  Required — For  What.  Section  i.  It 
shall  be  unlawful  for  any  person,  company,  corporation 
or  firm  to  grant  or  give  any  entertainment  or  exhibition 


CITY  OF  CARBONDALE 


37 


by  any  theatrical  troupe  or  company,  except  the  same 
be  given  by  citizens  or  residents  of  the  city;  or  any 
performance,  exhibition  or  entertainment  of,  or  by,  any 
circus,  menagerie,  hippodrome,  side  show,  pony,  dog, 
monkey  or  bird  show,  or  artificial  curiosities,  or  of 
paintings  or  statuary,  fortune  telling,  feats  of  jugglery, 
sleight  of  hand,  necromancy  and  the  like,  or  to  set  up, 
keep  or  maintain  any  pin  or  ball  alley,  skating  rink, 
shooting  gallery,  steam  swing  or  merry-go-’round,  ex- 
hibition of  rope  or  wire  walking  or  dancing,  puppets, 
wax  figures,  or  any  other  similar  public  exhibition,  en- 
tertainment, show  or  amusement  whatever,  given  for 
gain,  within  the  limits  of  the  city,  without  first  procur- 
ing a license  so  to  do  in  the  manner  provided  by  law  or 
ordinances  of  the  city  for  obtaining  license. 

Power  to  regulate  shows,  etc.  R.  S.  Chapter  24,  Article  V, 
clause  41. 

Use  of  streets  not  allowed  for.  R.  S.  Chapter  24,  Article  V, 
clause  20. 

Purpose  of  streets.  Dillon  on  Munic.  Corp.,  Sections  683,  730; 
Quincy  vs.  Jones,  76  111.  231  ; Caldwell  vs.  Alton,  33  111.  416. 

Persons  accepting  license  do  so  subject  to  provisions  of  the  ordi- 
nance relating  thereto,  and  acceptance  of  license  is  acknowledgment 
of  the  validity  of  the  ordinance. 

Lander  vs.  Chicago,  in  111.  296. 

55  Penalty.  Sec.  2.  Whoever  shall  violate  the 
provisions  of  section  one  of  this  chapter  shall,  on  con- 
viction, be  fined  not  less  than  three  nor  more  than  one 
hundred  dollars. 

56  Tax , Amount— Classification.  Sec.  3.  To  ob- 
tain a license  under  the  provisions  of  this  chapter  the 
person,  company,  corporation  or  firm  applying  for  the 
same  shall  pay  in  advance  a tax,  as  follows: 

57  First.  For  a license  for  an  exhibition  or  enter- 
tainment by  a theatrical,  concert  or  other  like  troupe 
or  company,  not  less  than  three  nor  more  than  ten  dol- 
lars for  every  two  or  less  exhibitions  on  the  same  day; 
provided , that  license  may  be  granted  to  the  owners  of 
the  opera  house  upon  payment  of  twelve  dollars  per 


ORDINANCES  OF  THE 


annum,  and  no  theatrical,  concert  or  other  like  troupe 
showing  or  exhibiting  in  the  opera  house  shall  be 
charged  any  license. 

58  Second.  For  a license  for  a performance,  exhi- 
bition or  entertainment  of,  or  by,  any  circus,  menagerie, 
hippodrome,  aquarium  or  other  like  exhibition,  not  less 
than  ten  nor  more  than  fifty  dollars  for  every  two  or 
less  number  of  exhibitions  or  performances  on  one  and 
the  same  day,  not  including  side  shows  or  other  similar 
exhibitions  attending  or  connected  with  the  same,  which 
shall  pay  an  additional  tax  of  not  less  than  five  nor 
more  than  fifteen  dollars  per  day. 

59  Third.  For  a pin  or  ball  alley,  skating  rink  or 
shooting  gallery,  five  dollars  per  month,  or  for  any  less 
time  than  one  month,  one  dollar  per  day. 

60  Fourth.  For  a steam  swing  or  merry-go-’round, 
twenty-five  dollars  per  month,  or  for  any  less  time  than 
one  month,  one  dollar  per  day. 

61  Fifth.  For  any  other  entertainment,  exhibi- 
tion or  amusement,  one  to  five  dollars  per  day,  and  no 
license  shall  be  issued  for  any  part  of  a day. 

62  Order  Preserved — Special  Police.  Sec.  4.  Any 
person,  company,  corporation  or  firm  giving  any  exhi- 
bition or  entertainment  provided  for  in  this  chapter 
shall  maintain  order  thereat,  and  to  this  end  the  mayor 
is  hereby  authorized,  when  necessary,  or  upon  the  ap- 
plication of  any  such  person,  company,  corporation  or 
firm,  to  appoint  a sufficient  number  of  special  police  to 
attend  upon  such  exhibition  or  entertainment  and  pre- 
serve order,  the  compensation  of  such  special  police, 
and  all  costs  thereby  occasioned,  to  be  first  advanced 
and  paid  for  by  the  person,  company,  corporation  or 
firm  giving  such  exhibition  or  entertainment. 

63  Disorderly  Co?iduct — Penalty  — Forfeiture  — Pen- 
alty. Sec.  5.  Whoever  shall  conduct  himself  at  any 
exhibition  or  entertainment  provided  for  in  this  chap- 
ter in  a riotous  and  disorderly  manner  shall,  on  con- 


CITY  OF  CARBONDALE 


‘ 39 


viction,  be  fined  not  less  than  three  nor  more  than  one 
hundred  dollars.  And  if  the  person,  company,  corpo- 
ration or  firm  giving  any  such  entertainment  shall  fail 
to  preserve  order  thereat,  or  if  any  agent,  servant  or 
employe  . thereof  shall  conduct  himself  in  a riotous  or 
disorderly  manner,  the  mayor  may,  in  his  discretion, 
revoke  the  license  to  him,  it  or  them  granted,  and  he, 
it  or  they  shall,  on  conviction,  be  fined  the  same  as  if 
no  license  had  been  granted. 


CHAPTER  IV. 


BILLIARD  TABLES  AND  OTHER  GAMES. 


64  License  Required — Penalty . Section  t.  It  shall 
be  unlawful  for  any  person  or  persons,  within  the  cor- 
porate limits  of  said  city,  to  exercise  the  business,  trade 
or  avocation  of  keeper  of  a billiard  table,  pool  table, 
bagatelle  table,  pigeon  table  or  shuffle  board,  without 
first  procuring  a license  so  to  do  as  hereinafterward 
provided,  under  penalty  for  exercising  such  business, 
trade  or  avocation  without  license  of  not  less  than 
twenty-five  nor  more  than  two  hundred  dollars. 

R.  S.  Chapter  24,  Article  V,  Section  1,  clause  44. 

65  Application — To  Whom — Hozv.  Sec.  2.  Any 
person  or  persons  desiring  such  license  shall  file  with 
the  city  clerk  an  application  therefor  in  writing,  set- 
ting forth  the  location  of  the  building  or  room  to  be 
occupied  and  the  length  of  time  the  same  is  wanted. 

66  Bond  Required.  Sec.  3.  Before  any  license 
under  the  provisions  of  this  chapter  is  granted  the 
applicant  or  applicants  therefor  shall  execute  a bond 


40 


ORDINANCES  OF  THE 


payable  to  the  city  of  Carbondale  in  the  penal  sum  of 
one  thousand  dollars,  with  good  and  sufficient  surety, 
conditioned  that  the  person  or  persons  to  whom  such 
license  is  granted  shall  observe  all  laws  and  ordinances 
of  said  city  that  may  be  in  force  regulating  or  rela- 
tive to  such  business  so  licensed;  which  bond  shall  be 
approved  by  the  city  council  and  filed  with  the  city 
clerk  before  the  issuance  of  such  license. 

67  What  License  Shall  State , Etc.  Sec.  4.  License 
issued  under  the  pi  ovisions  of  this  chapter  shall  state 
the  nature  of  the  employment  thereunder  licensed,  the 
time  for  which  it  is  granted,  the  name  of  the  person  or 
persons  to  whom  it  is  granted,  the  house  or  place  in- 
tended to  be  occupied;  that  such  license  shall  be  used 
and  the  privileges  granted  thereunder  exercised  at  such 
place  only,  and  that  such  license  shall  not  be  transfer- 
able nor  assignable;  provided , however , that  no  license 
shall  be  issued  under  the  provisions  of  this  chapter  for 
the  exercise  of  either  of  the  business,  trades  or  avoca- 
tions enumerated  in  section  one  of  this  chapter  in  any 
saloon  or  other  place  where  intoxicating  liquors  may 
be  sold. 

68  How  Conducted — Penalty.  Sec.  5.  No  person 
or  persons  holding  license  under  the  provisions  of  this 
chapter  shall  suffer  or  permit  any  minor  under  the 
age  of  eighteen  years  to  frequent  or  loiter  about  the 
premises  so  occupied  by  him,  nor  shall  sell,  barter  or 
exchange  or  give  away,  in  connection  with  such  busi- 
ness, any  intoxicating  liquors,  nor  shall  suffer  or  permit 
any  betting,  gaming,  riotous  or  disorderly  conduct  upon 
the  premises  occupied  by  him  or  them.  Any  person  or 
persons,  violating  the  provisions  of  this  section  shall, 
on  conviction,  be  fined  not  less  than  twenty  nor  more 
than  one  hundred  dollars. 

69  When  to  Open  and  Close — Penalty.  Sec.  6.  Any 
person  or  persons  taking  out  license  under  the  pro- 
visions of  this  chapter  shall  close  his  place  of  business 
at  twelve  o’clock  every  night  and  keep  the  same  so 


CITY  OF  CARBONDALE 


41 


closed  until  five  o’clock  the  next  morning;  nor  shall  he 
permit  to  be  kept  open  his  place  of  business  on  Sunday; 
nor  shall  he  permit  any  kind  of  gambling  in  his  place  of 
business,  either  by  means  of  cards,  dice  or  other  devices. 
Any  person  or  persons  violating  the  provisions  of  this 
section  shall,  on  conviction,  be  fined  no,t  less  than 
twenty  nor  more  than  two  hundred  dollars. 

70  Amount  of  License.  Sec.  7.  To  obtain  a license 
as  required  by  section  one  of  this  chapter  the  person  or 
persons  applying  therefor  shall  pay  in  advance  the  sum 
of  twenty-five  dollars  per  annum,  or  a proportionably 
less  amount  for  any  shorter  period,  for  each  table  or 
shuffle  board  used  therein.  No  license  shall  be  issued 
under  the  provisions  of  this  chapter  for  a shorter  period 
of  time  than  three  months. 

71  Mayor  May  Revoke  License — When.  Sec.  8. 

The  mayor  of  the  city  of  Carbondale  shall  have  power, 
whenever  he  is  satisfied  that  the  laws  of  the  State  of 
Illinois  or  the  ordinances  of  said  city  are  being  violated 
by  any  keeper  of  billiard  tables  or  other  games  licensed 
under  this  ordinance,  to  immediately  revoke  the  license 
granted  to  such  keeper  of  billiard  tables  or  other  games, 
and  such  keeper  aforesaid  shall  forfeit  any  amount  due 
him  for  the  unexpired  portion  of  his  license;  provided , 
that  said  mayor  shall  report  his  action  thereunder  to 
the  next  regular  meeting  thereafter  of  the  city  council, 
which  may  approve  or  disapprove  the  same;  and,  in 
case  of  disapproval,  said  revocation  shall  have  no  effect; 
and  provided  further , that  the  city  council  may,  at  any 
regular  or  special  meeting,  revoke  the  license  of  any 
keeper  of  billiard  tables  or  other  games  licensed  under 
the  provisions  of  this  chapter  for  any  violation  of  any 
of  the  provisions  thereof. 


42 


ORDINANCES  OF  THE 


CHAPTER  V. 


BOUNDARIES,  WARDS,  CITY  PROPERTY, 
CORPORATE  SEAL. 

Article  I.  Boundaries.  Article  III.  City  Property. 

Article  II.  Division  into  Wards  Article  IV.  Corporate  Seal. 


ARTICLE  I. 


BOUNDARIES. 

72  Boundaries  of  City — What  Are.  Section  1.  That 
the  corporate  limits  of  this  city,  unless  the  same  be  ex- 
tended or  changed  in  such  manner  as  may  be  by  law 
provided,  are  hereby  declared  to  be  as  follows,  to-wit: 
The  west  half  of  the  southwest  quarter  of  section  fif- 
teen (15),  the  south  half  of  section  sixteen  (16),  the 
east  half  of  the  southeast  quarter  of  section  seventeen 
(17),  the  east  half  of  the  northeast  quarter  of  section 
twenty  (20),  the  east  half  of  the  southeast  quarter  of 
section  twenty  (20),  all  of  section  twenty-one  (21),  the 
west  half  of  the  southwest  quarter  of  section  twenty- 
two  (22),  all  in  township  nine  (9)  south,  range  one  (1) 
west  of  the  third  principal  meridian,  in  Jackson  County, 
and  State  of  Illinois. 


ARTICLE  II. 


DIVISION  INTO  WARDS. 

73  Number  and  Boundaries  of.  Section  2.  That 
the  corporate  limits  of  this  city  are  hereby  divided  into 
four  wards,  as  follows:  That  portion  lying  west  of  a 


CITY  OF  CARBONDALE 


43 


line  commencing  at  the  center  of  the  right-of-way  of 
the  Illinois  Central  railroad  company  and  Main  street, 
and  running  north  through  the  center  of  the  right-of- 
way  of  the  Illinois  Central  railroad  company  to  the  city 
limits,  and  all  that  portion  lying  north  of  a line  com- 
mencing at  the  center  of  Main  street  and  the  right- 
of-way  of  the  Illinois  Central  railroad  company  and 
running  west  through  the  center  of  Main  street  to  the 
city  limits,  shall  constitute  the  First  ward.  That  por- 
tion lying  east  of  a line  commencing  at  the  center  of 
the  right-of-way  of  the  Illinois  Central  railroad  com- 
pany and  Main  street  and  running  north  through  the 
center  of  the  right-of-way  of  the  Illinois  Central  rail- 
road company  to  the  city  limits,  and  all  that  portion 
lying  north  of  a line  commencing  at  the  center  of  the 
right-of-way  of  the  Illinois  Central  railroad  company 
and  Main  street  and  running  east  through  the  center  of 
Main  street  to  the  city  limits,  shall  constitute  the  Second 
ward.  That  portion  lying  east  of  a line  commencing 
at  the  center  of  Main  street  and  West  street  and  run- 
ning south  through  the  center  of  West  street  to  the 
city  limits,  and  all  that  portion  lying  south  of  a line 
commencing  at  the  center  of  Main  street  and  West 
street  and  running  east  through  the  center  of  Main 
street  to  the  city  limits,  shall  constitute  the  Third  ward. 
That  portion  lying  west  of  a line  commencing  at  the 
center  of  Main  street  and  West  street  and  running 
south  through  the  center  of  West  street  to  the  city  lim- 
its, and  all  that  portion  lying  south  of  a line  commenc- 
ing at  the  center  of  Main  street  and  West  street  and 
running  west  through  the  center  of  Main  street,  shall 
constitute  the  Fourth  ward. 


ARTICLE  III. 


CITY  PROPERTY. 

74  City  Property — What.  Section  3.  All  property 
now  owned,  or  which  for  city  purposes  may  hereafter 


44 


ORDINANCES  OF  THE 


be  acquired,  by  this  city,  together  with  the  lands  ac- 
quired and  now  owned  or  which  may,  in  accordance 
with  any  law  or  ordinance,  hereafter  be  acquired  and 
owned  by  the  city  for  cemetery  purposes,  shall,  unless 
and  until  disposed  of  in  such  manner  as  may  be  by  law 
or  ordinance  provided,  remain  the  property  of  the  city. 

R.  S.  Chapter  24,  Article  I,  Section  10. 

Only  the  State  can  question  the  right  of  the  city  to  hold  property. 
Dillon  on  Munic.  Corp.,  Section  5,  clause  74. 

Dillon  on  Munic.  Corp.,  Sections  562-565. 

Property  donated  or  acquired  for  a particular  public  use  can  not 
be  diverted  to  another  use.  Jacksonville  vs.  Jacksonville  R.  W.  Co., 
67  111.  540. 

75  Co7iveyance  By  City — By  Whom  Executed.  Sec. 
4.  Whenever  any  real  property  of  the  city  shall  have 
been  or  shall  be  sold  or  disposed  of  pursuant  to  law  or 
any  city  ordinance,  the  deed  of  conveyance  of  the  same 
from  the  city  to  the  purchaser  thereof  shall  be  exe- 
cuted and  acknowledged  on  behalf  of  the  city  by  the 
mayor  and  the  city  clerk,  and  the  corporate  seal  at- 
tached thereto  by  the  clerk:  Provided , that  no  city 

property  as  mentioned  above  shall  be  conveyed  until 
such  conveyance  shall  have  been  approved  by  a major- 
ity vote  of  the  city  council  at  one  of  its  regular  or  spe- 
cial meetings,  which  vote  shall  be  by  yea  and  nay,  and 
recorded  by  the  city  clerk. 

R.  S.  Chapter  24,  paragraph  380. 


ARTICLE  IV. 


CORPORATE  SEAL. 

76  Corporate  Seal — Design  Of.  Section  5.  The 
corporate  seal  of  this  city  shall  be  and  remain  the  same 
as  that  heretofore  provided  and  now  used,  being  circu- 
lar in  form,  one  and  one-half  inches  in  diameter,  with 


CITY  OF  CARBONDALE 


45 


the  device  of  an  eagle  engraved  thereon,  surrounded 
with  a scroll,  with  the  words  “Carbondale  Corporation, 
Jackson  County,  Illinois, ” in  Roman  capitals,  inscribed 
thereon. 

City  may  have  seal,  and  change  same  at  pleasure.  R.  S.  Chap- 
ter 24,  Article  I,  Section  10. 

77  Where  Kept — To  What  Attached.  Sec.  6.  The 
corporate  seal  shall  be  kept  and  remain  in  the  custody 
of  the  city  clerk,  and  an  impression  thereof  attached  to 
all  instruments,  documents  and  other  corporate  acts 
which  now  are  or  hereafter  may  be  required  to  be  au- 
thenticated by  the  corporate  seal. 

Corporate  act  requiring  seal  is  void  without.  Kinzie  vs.  Trus- 
tees, 2 Scam.  187. 


CHAPTER  VI. 


CEMETERIES. 


78  Cemetery  Established — Boundaries.  Section  i. 
The  land  now  owned  by  this  city,  being  that  part  south 
of  the  Grand  Tower  and  Carbondale  Railroad  of  the 
northeast  quarter  of  the  southeast  quarter  of  the  north- 
east quarter  of  section  number  seventeen  (17),  township 
number  nine  (9)  south  of  range  number  one  (1)  west 
of  the  third  principal  meridian,  in  Jackson  county,  Illi- 
nois, now  known  as  Oakland  cemetery,  together  with 
that  certain  piece  of  land  within  the  city  limits  known 
as  the  old  (Woodlawn)  cemetery,  are  and  shall  remain 
dedicated  to  burial  purposes,  and  no  other  cemetery 
shall  hereafter  be  established  within  the  city  limits  or 
within  one  mile  thereof. 

Power  to  establish  and  regulate  cemeteries.  R.  S.  Chapter  24, 
Article  V,  Section  1,  clause  79. 

Cemeteries.  R.  S.  Chapter  21. 


46 


ORDINANCES  OF  THE 


79  Plat  Recorded — How  Changed.  Sec.  2.  That 
the  plat  of  Oakland  cemetery  heretofore  made,  divid- 
ing said  cemetery  into  blocks  and  lots  as  designated 
and  numbered  therein,  having  been  approved  by  the 
city  council  and  ordered  recorded  in  the  recorder’s 
office  in  Jackson  county,  Illinois,  shall  be  and  remain 
the  lawful  plat  of  said  Oakland  cemetery,  and  shall  not 
be  changed  except  by  order  of  the  city  council. 

80  Committee  to  Manage.  Sec.  3.  The  committee 
on  cemeteries  of  the  city  council  shall  consist  of  four 
aldermen,  one  from  each  ward,  and  shall  have  charge, 
management  and  control  of  the  said  cemeteries  and  of 
all  affairs  connected  therewith,  and  the  said  committee 
shall  see  to  it  that  the  grounds  belonging  to  the  same 
are  properly  cared  for  and  protected,  and  that  all  pro- 
visions of  the  law  and  ordinances  relating  to  cemeteries 
and  all  rules  for  the  government  thereof  are  enforced, 
and  they  shall  supervise  and  direct  the  ornamenting, 
adorning,  embellishing  and  improving  of  the  grounds 
thereof  and  the  avenues,  walks  and  squares  therein. 

81  Sexton — Appointment  Of — Duties.  Sec.  4.  The 
mayor,  by  and  with  the  advice  of  the  city  council,  shall 
appoint  some  suitable  person  who  shall  be  a resident  of 
the  city  to  act  as  sexton  of  cemeteries,  who  shall  hold 
his  office  during  the  remainder  of  the  municipal  year  in 
which  he  was  appointed,  unless  sooner  removed  by  the 
mayor  and  city  council.  The  sexton  shall,  under  the 
direction  of  the  committee  on  cemeteries,  have  charge 
of  the  cemeteries  and  shall  keep  and  preserve  in  good 
order  and  repair  the  grounds,  buildings,  avenues,  walks 
and  fences  thereof,  and  shall  also  see  that  all  ordi- 
nances relating  to  and  all  rules  and  regulations  for  the 
government  of  said  cemeteries  are  enforced.  Before 
assuming  the  duties  of  his  office  as  city  sexton  he  shall 
take  the  same  oath  as  is  required  of  other  city  officers 
and  shall  give  bond  conditioned  for  the  faithful  dis- 
charge of  the  duties  of  his  office,  payable  to  the  city  of 
Carbondale,  with  surety,  to  be  approved  by  the  city 
council,  in  the  sum  of  five  hundred  dollars. 


CITY  OF  CARBONDALE 


47 


82  Application  for  Lots — Hovo  Sold.  Sec.  5.  All 
applications  for  the  purchase  of  cemetery  lot  or  block 
shall  be  made  to  the  city  clerk,  who  shall  give  to  the 
person  applying  an  order  to  the  city  treasurer  to  receive 
the  price  of  the  lot  or  block,  describing  the  same,  and 
such  applicant  shall  thereupon  present  such  order  to 
the  treasurer  and  pay  him  the  amount  therein  specified, 
and  upon  receipt  of  such  amount  the  city  treasurer  shall 
endorse  upon  such  order  a memorandum  of  his  receipt 
of  the  same,  whereupon  such  applicant  shall  return  the 
order  with  such  endorsement  to  the  city  clerk,  and  upon 
such  return  the  mayor  and  city  clerk  shall  execute  and 
deliver  to  such  applicant  a deed  under  the  corporate 
seal  of  the  city  for  such  lot  or  block. 

83  Cemetery  Fund — How  Expended , Etc.  Sec.  6. 
A cemetery  fund  is  hereby  created  and  established,  and 
the  city  treasurer  is  required  to  keep  a separate  account 
thereof  and  enter  to  the  credit  of  the  same,  from  time 
to  time,  as  required  by  him,  all  moneys  received  from 
the  sale  of  cemetery  lots  and  blocks,  all  donations  and 
all  appropriations  from  the  city  treasury  for  cemetery 
purposes  or  otherwise,  and  such  moneys  shall  be  appro- 
priated and  used  only  for  the  care  of  and  for  improv- 
ing, ornamenting  and  beautifying  the  cemetery  grounds: 
Provided , the  cemetery  committee  shall  not  expend  the 
cemetery  fund  in  advance  of  the  receipts  thereof,  nor 
incur  any  debts  on  account  of  said  cemetery  without 
the  consent  of  the  city  council. 

84  City  Clerk  to  Keep  Record , Etc.  Sec.  7.  I he 
city  clerk  shall  keep  and  preserve  in  his  office  the  plats 
of  the  cemeteries,  and  also  a record  in  numerical  order 
of  the  lots  and  blocks  in  said  cemeteries,  with  the  price 
at  which  each  is  for  sale,  and  when  any  lot  or  block  is 
sold  the  city  clerk  shall  make  an  entry  opposite  the 
number  of  the  lot  or  block  on  the  record  of  the  name 
of  the  purchaser,  the  amount  sold  for  and  the  date  of 
the  sale,  and  shall  also  designate  the  lot  or  block  sold 
by  coloring  the  same  on  the  plat. 


48 


ORDINANCES  OF  THE 


85  Burial  Permit  Required — How  Issued — Contents. 
Sec.  8.  Any  person  desiring  to  make  an  interment  in 
any  cemetery  within  the  city  shall  apply  to  the  city  clerk 
for  permission  so  to  do,  and  upon  payment  of  the  sex- 
ton’s fees  and  the  sum  charged  the  city  clerk  shall 
deli\er  to  the  applicant  a certificate  to  the  sexton  stat- 
ing the  name  of  the  deceased  and  the  number  of  the 
lot  or  block  in  which  the  deceased  is  to  be  interred,  and 
shall  make  an  entry  in  a suitable  book  of  the  name  of 
the  deceased,  the  date  of  death,  the  disease,  cause  or 
manner  of  death,  and  sex  and  color  of  deceased,  and  if 
the  deceased  shall  be  a stranger  or  pauper  without 
means  and  no  person  chargeable  with  the  interment  or 
liable  therefor,  the  clerk’s  certificate  shall  so  state. 

86  Sexton  to  Require  Permit — Penalty — Certificates 
Returned.  Sec.  9.  The  sexton  shall  make  no  inter- 
ment without  the  delivery  of  the  certificate  of  the  clerk 
to  him  nor  in  any  other  lot  than  is  named  therein,  under 
a penalty  for  so  doing  of  five  dollars  for  each  offense. 
The  sexton  shall,  on  the  first  Monday  of  each  month, 
return  to  the  city  clerk  all  the  certificates  received  by 
him  during  the  preceding  month,  and  they  shall  be  com- 
pared with  the  entries  on  the  clerk’s  books  to  see  if  they 
correspond  thereto. 

87  Sexton  s and  Clerks  Fees.  Sec.  10.  The  city 
clerk  shall  receive  for  each  burial  certificate  the  sum  of 
fifty  cents,  and  the  city  sexton  shall  receive  for  digging 
each  grave  and  attending  to  the  interment  of  the  body 
therein  of  the  age  of  fifteen  years  or  over,  three  dol- 
lars; under  the  age  of  fifteen,  two  dollars;  to  be  paid 
when  the  burial  certificate  is  issued. 

88  Fee  for  Single  Grave — When  and  to  Whom  Paid. 
Sec.  11.  The  price  established  by  the  cemetery  com- 
mittee to  be  paid  for  a single  grave  in  that  part  of  the 
cemetery  set  apart  for  the  burial  of  the  inhabitants  of 
the  city  not  having  private  lots  shall  be  paid  to  the  sex- 
ton in  the  same  manner  as  in  case  of  other  graves,  and 
the  fees  shall  be  the  same  as  above  given. 


CITY  OF  CARBONDALE 


49 


89  Interments  Prohibited  Where — Proviso — Penalty . 
Sec.  1 2.  It  shall  be  unlawful  to  make  any  interment,  or 
bury  the  dead  body  of  any  person,  at  any  place  within 
the  city  limits,  or  within  one-half  mile  thereof,  except 
in  said  Oakland  cemetery:  Provided , that  the  owners  of 
lots  in  said  old  (Woodland)  cemetery  not  already  occu- 
pied may  make  interments,  or  bury  the  dead  bodies  of 
the  members  of  their  own  families  in  such  lots;  and 
whoever  shall  violate  any  provision  of  this  section  shall, 
on  conviction,  be  fined  not  less  than  twenty-five  nor 
more  than  two  hundred  dollars  for  each  and  every 
offense. 

90  Injury  to  Monument , Etc — Penalty.  Sec.  13. 
Whoever  shall  remove  or  carry  away,  or  wilfully,  ma- 
liciously or  negligently  break,  deface,  destroy  or  other- 
wise injure  any  monument,  tombstone,  tree,  shrub, 
plant,  vase,  paling,  fence,  gate,  or  any  other  property, 
article  or  thing  belonging  to,  or  placed  or  erected  in, 
any  cemetery  within,  or  under  the  control  of,  the  city 
council  of  this  city,  or  shall  pluck  any  flowers  therein, 
or  trespass  upon  or  maltreat  any  grave  therein,  or  shall 
violate  any  of  the  established  rules  or  regulations  for 
the  government  thereof,  shall,  on  conviction,  be  fined 
not  less  than  five  nor  more  than  two  hundred  dollars 
for  each  and  every  offense;  and  shall  also  be  liable,  in  a 
separate  suit,  for  the  costs  and  expenses  of  repairing 
the  injury  so  done. 

91  Hunting,  Etc.,  in  Cemeteries  Prohibited — Penalty. 
Sec.  14.  Whoever  shall  hunt,  discharge  firearms,  set 
off  or  explode  fireworks,  except  as  a part  of  any  burial 
or  other  service,  or  shall  otherwise  trespass  upon  any 
cemetery  or  burying  ground,  within  this  city,  or  within 
or  under  the  jurisdiction  of  the  city  council  thereof, 
shall,  on  conviction,  be  fined  not  less  than  ten  nor  more 
than  one  hundred  dollars  for  each  and  every  offense. 


ORDINANCES  OF  THE 


5° 


CHAPTER  VII. 


CITY  COUNCIL. 


92.  Regular  Meeting — Time  Of . Section  i.  The 
regular  meeting  of  the  city  council  shall  be  held  on  the 
first  Tuesday  of  each  month  at  7:30  p.  m. 

Time  and  place  of  meeting  must  be  fixed  by  ordinance.  R.  S. 
Chapter  24,  Section  9. 

Powers  of  city  council.  R.  S.  Chapter  24,  Article  V,  Section  1. 

City  council — how  composed.  R.  S.  Chapter  24,  Article  III, 

Section  1. 

Number  aldermen,  qualifications,  length  of  term,  vacancies,  etc. 
R.  S.  Chapter  24,  Article  III,  Sections  2,  3,  4,  5. 

When  mayor  may  give  casting  vote.  R.  S.  Chapter  24,  Article 
II,  Section  6.  Carrolton  vs.  Clark,  21  111.  App.  74. 

93  Special  Meetings — Where  Held— Time  Of  . Sec. 

2.  Special  meetings  of  the  city  council  shall  be  held  at 
the  same  place  as  may  be  fixed  for  the  holding  of  reg- 
ular meetings,  and  on  such  day  and  at  such  hour  as 
may  be  designated  in  the  notice  hereinafter  provided 
for  calling  the  same:  Provided , if  no  hour  be  named  in 

such  notice,  then  such  special  meeting  shall  be  held  at 
the  hour  fixed  for  the  holding  of  regular  meetings. 

94  Special  Meetings — Order  For — Notices.  Sec.  3. 
When  special  meetings  of  the  city  council  are  called  by 
the  mayor,  an  order  therefor,  signed  by  him,  shall  be 
filed  with  the  city  clerk,  and  when  special  meetings  of 
the  city  council  are  called  by  four  or  other  number  of 
aldermen,  as  may  be  by  law  provided,  an  order  there- 
for, in  writing,  signed  by  such  aldermen,  shall  be  filed 
with  the  city  clerk,  which  order  shall,  in  either  case, 
state  the  time  when  such  special  meeting  shall  convene 
and  the  purpose  for  which  it  was  called.  When  an 


CITY  OF  CARBONDALE 


51 


order  calling  a special  meeting  as  above  provided  has 
been  filed  with  the  city  clerk  he  shall  immediately  send 
to  all  the  members  of  the  city  council  notices,  in  writ- 
ing, signed  by  him,  which  notices  shall  state  the  time 
fixed  for  the  convening  of  such  special  meeting  and  the 
purpose  for  which  it  is  called. 

Who  may  call  special  meeting.  R.  S.  Chapter  24,  Article  III, 
Section  17. 

Council  may  prescribe  manner  of  calling  the  same.  R.  S.  Chap- 
ter 24,  Article  III,  Section  9. 

Reconsidering  or  rescinding  vote  at  special  meeting.  R.  S.  Chap- 
ter 24,  Article  III,  Section  14. 

85 . Quorum — Failing  to  A ttend,  Etc . — Penalty . Sec . 

4.  A majority  of  the  aldermen-elect  shall  constitute  a 
quorum  to  do  business,  but  a smaller  number  may  ad- 
journ from  time  to  time  and  compel  absentees  to  attend 
any  regular  or  special  meeting  by  a written  citation  to 
that  effect,  stating  the  day  and  hour  of  said  meeting, 
such  citation  to  be  signed  by  the  mayor  or  aldermen 
issuing  the  same,  and  may  be  served  by  the  day  mar- 
shal or  any  officer  authorized  to  serve  process  within 
the  city,  by  reading  the  same  to  such  absentees.  Any 
alderman  wilfully  refusing  to  obey  such  citation  shall 
forfeit  five  dollars,  to  be  deducted  out  of  his  salary, 
and  upon  repeated  refusal  to  obey  such  citation  such 
alderman  may  be  expelled  and  his  office  declared  va- 
cant. 

Concerning  quorum  and  compelling  attendance.  R.  S.  Chapter 
24,  Article  III,  Section  8. 

q6  Votes  by  "Yeas'  and  “ Nays' — Call  of  Roll.  Sec. 

5.  All  votes  in  the  city  council  upon  which  the  yeas 
and  nays  are  required  by  law  or  the  ordinances  of  the 
city  to  be  recorded  shall  be  taken  upon  a call  of  the 
roll  of  aldermen  by  the  city  clerk,  each  alderman  answer- 
ing yea  or  nay,  as  he  may  vote. 

When  yeas  and  nays  must  be  called.  R.  S.  Chapter  24,  Article 
III,  Section  13. 

What  is  sufficient  record  of  yeas  and  nays.  Barr  vs.  Village  of 
Auburn,  89  111.  361. 


LIBRARY 

UNIVERSITY  OF  ILLINOIS 

\mkM 


52 


ORDINANCES  OF  THE 


97  Report  Laid  Over — What  to  Be  Done.  Sec.  6. 
When  any  report  of  any  committee  is  deferred  or  laid 
over  from  one  meeting  of  the  city  council  to  another 
upon  the  written  request  of  any  two  aldermen,  such  re- 
quest shall  be  entered  on  the  journal  of  the  city  coun- 
cil, with  the  names  of  the  aldermen  making  the  same. 

When  report  must  be  laid  over.  R.  S.  Chapter  24,  Article  III, 
Section  15. 

98  Committees — What , and  How  Composed — Duties 

Of.  Sec.  7.  The  standing  committees  of  the  city  coun- 
cil shall  be:  A street  committee,  a finance  committee, 

an  ordinance  committee,  a police  and  jail  committee,  a 
cemetery  committee.  Each  committee  shall  consist  of 
four  members,  one  from  each  ward. 

(1.)  The  street  committee  shall  have  charge  of 
the  streets,  alleys,  avenues  and  public  grounds  of  the 
city,  of  sidewalks  and  crossings,  and  see  to  it  that  the 
ordinances  of  the  city  council  relating  thereto  are  faith- 
fully executed  and  carried  out.  It  shall  have  charge 
of  all  sewers,  electric  lights  and  water  works  of  the 
city,  and  all  works  for  draining  the  city;  shall  carefully 
observe  the  situation  and  operation  of  the  same,  and 
shall  discharge  such  other  duties  as  maybe  imposed  on 
it  by  the  city  council. 

(2.)  The  finance  committee  shall  have  the  general 
charge  of  the  finances  of  the  city,  shall  examine  all 
bills  and  claims  against  the  city  referred  to  it,  and  shall 
report  upon  the  correctness  of  the  same,  and  no  bill  or 
claim,  except  salaries  of  officers  fixed  by  ordinance, 
shall  be  paid  without  such  reference  and  report  there- 
on; and  when  the  committee  shall  think  proper,  shall 
recommend  such  measures  as  shall  tend  to  relieve  the 
city  from  financial  embarrassment  and  keep  its  financial 
affairs  in  a healthful  and  sound  condition,  and  shall 
perform  such  other  duties  as  may  be  required  by  the 
city  council. 

(3.)  The  ordinance  committee  shall  examine  into 
and  report  upon  all  questions  touching  the  enactment, 
amendment  and  repeal  of  ordinances. 


CITY  OF  CARBONDALE 


53 


(4.)  The  police  and  jail  committee  shall  have 
charge  of  all  police  matters  and  of  the  city  jail  build- 
ing; shall,  from  time  to  time,  visit  and  examine  into 
the  condition  of  the  city  jail  and  the  prisoners  therein, 
and  report  the  same  to  the  city  council;  shall  also  con- 
stitute a committee  on  miscellaneous  affairs,  to  whom 
all  matters  not  referred  to  some  standing  or  special 
committee  shall  be  referred. 

(5.)  For  duties  of  committee  on  cemeteries,  see 
chapter  of  this  ordinance  on  cemeteries. 

99  Standing  Committees  — Appointment  Of \ Etc . 
Sec.  8.  All  standing  committees  shall  be  appointed  by 
the  mayor,  subject  to  the  approval  of  the  city  council, 
at  the  first  meeting  of  the  new  council  after  each  and 
every  annual  election:  Provided , nothing  in  this  chap- 

ter contained  shall  prevent  the  creation  or  appointment 
of  such  other  standing  or  special  committees  as  the  city 
council  may  from  time  to  time  deem  expedient  or  nec- 
essary. 

100  Offering  Bribe  to  Councztmen — Penalty.  Sec.  9. 
Any  person  who  shall  give,  promise  or  offer  to  give,  or 
furnish  to  be  given,  offered  or  promised,  any  money  or 
valuable  thing,  or  any  favor  or  promise  thereof,  to  any 
member  of  the  city  council  as  a consideration  or  induce- 
ment to  vote  for  or  against,  or  as  compensation  for 
having  voted  for  or  against,  any  question,  proposition, 
ordinance,  resolution,  order,  appointment  or  motion 
pending  in  or  to  be  determined  by,  or  to  be  brought 
for  determination  before,  the  city  council,  upon  which 
a vote  may  be  or  may  have  been  required,  shall,  on  con- 
viction, be  fined  not  less  than  fifty  nor  more  than  two 
hundred  dollars. 

R.  S.  Chapter  24,  Article  VI,  Section  79. 

R.  S.  Chapter  38,  Sections  31-35. 

1 01  Councilmen  Accepting — Penalty.  Sec.  10.  Any 
member  of  the  city  council  who  shall  accept  or  receive 
any  money  or  other  valuable  thing,  or  any  promise 


54 


ORDINANCES  OF  THE 


thereof,  or  any  favor  or  any  promise  of  favor,  as  a con- 
sideration or  inducement  to  vote  for  or  against  any 
question,  proposition,  ordinance,  resolution,  order,  ap- 
pointment or  motion  pending  in  and  to  be  determined 
by,  or  having  been  determined  by,  or  to  be  brought  for 
determination  before,  the  city  council,  upon  which  a 
vote  may  be  or  may  have  been  required,  shall,  on  con- 
viction, be  fined  not  less  than  fifty  nor  more  than  two 
hundred  dollars. 

R.  S.  Chapter  24,  Article  VI,  Section  79. 

R.  S.  Chapter  38,  Sections  31-35. 


CHAPTER  VIII. 


CITY  OFFICERS— THEIR  DUTIES  AND 
OFFICIAL  BONDS. 


102  What  Officers  Provided  For.  Section  1.  That 
the  officers  of  this  city  (in  addition  to  the  mayor  and 
aldermen)  shall  be  a city  clerk,  city  treasurer,  city  attor- 
ney and  one  police  magistrate.  A day  marshal,  a night 
marshal,  street  commissioner,  city  jailer,  sexton  and 
other  officers  may  be  appointed  by  the  mayor,  by  and 
with  the  advice  and  consent  of  a majority  vote  of  all 
the  aldermen  authorized  by  law  to  be  elected;  such 
vote  to  be  taken  by  the  yeas  and  nays  and  entered  of 
record. 

What  officers  council  may  provide  for.  R.  S.  Chapter  24,  Article 
VI,  Section  2. 

Concerning  police  magistrate.  See  R.  S.  Chapter  24,  Article 
XI;  111.  Const.  Article  II,  Section  21. 

Appointment  and  removal  of  officers.  See  R.  S.  Chapter  24, 
Section  192,  clause  240,  mayor’s  bill. 


CITY  OF  CARBONDALE 


55 


103  To  Take  Oath  and  Give  Bond — Form  Of.  Sec.  2. 
Every  officer  of  said  city  shall,  before  entering  upon  the 
duties  of  his  office,  take  and  subscribe  the  oath  pre- 
scribed by  law,  and  when  so  required  by  law  or  ordi- 
nance shall  execute  a bond,  with  security  to  be  approved 
by  the  city  council,  payable  to  the  city  of  Carbondale, 
and  conditioned  for  the  faithful  discharge  of  the  duties 
of  his  office,  and  that  he  will,  at  the  expiration  of  his 
term  of  office,  or  upon  his  resignation  or  removal  from 
office,  account  for,  pay  over  and  deliver  to  his  successor 
in  office,  or  to  the  person  legally  appointed  to  receive, 
all  money,  books,  papers  and  everything  pertaining  to 
his  office,  which  bond  shall  be  substantially  in  the  fol- 
lowing form: 

Know  All  Men  by  these  Presents , That  we 

as  principal,  and and as  sureties,  are 

held  and  firmly  bound  unto  the  city  of  Carbondale  in 

the  penal  sum  of dollars  lawful  money  of  the 

United  States,  for  the  payment  of  which  we  bind  our- 
selves, our  heirs,  executors  and  administrators,  jointly, 
severally  and  firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  this day  of 

A.  D.  19.  . 

The  condition  of  the  above  obligation  is  such  that, 

whereas,  the  above  bounden was,  on  the 

day  of A.  D.  19.. duly  elected  (or 

appointed,  as  the  case  may  be),  to  the  office  of 

of  the  city  of  Carbondale.  Now,  if  the  said 

shall  well,  truly  and  faithfully  discharge  and  perform 
the  duties  of  the  said  office,  and  shall,  at  the  expiration 
of  his  term  of  office,  surrender  the  said  office  and  pay 
over  all  money  in  his  hands  by  him  held  by  virtue  of 
said  office,  and  deliver  all  books,  papers,  furniture  and 
appurtenances  of  said  office  to  his  legally  qualified  suc- 
cessor, or  in  case  of  his  removal  from  said  office  or  res- 
ignation thereof  before  the  expiration  of  his  term  of 
office,  shall  surrender  the  same  and  all  the  appurte- 
nances thereof  to  the  person  appointed  to  receive  the 
same,  then  this  obligation  shall  be  void;  otherwise  to 
remain  in  full  force  and  effect. 


56 


ORDINANCES  OF  THE 


Signed,  sealed  and  delivered  the  day  and  year 
above  written. 


SEAL. 

SEAL. 

SEAL. 


And,  unless  otherwise  provided  by  law  or  ordinance, 
the  amount  of  the  official  bond  of  the  respective  officers 
of  the  city  shall  be  as  follows: 


Of  the  mayor $3,000  oo 

Of  the  city  clerk 1,000  00 

Of  the  city  treasurer  at  not  less  than  the 
amount  of  the  estimated  tax  and  special 
assessments  for  the  current  year. 

Of  the  city  attorney $1,000  00 

Of  day  marshal 2,000  00 

Of  night  marshal 2,000  00 

Of  street  commissioner  ....  1,000  00 

Of  city  jailer  500  00 

Of  city  sexton 500  00 

Authorized  by  statute.  R.  S.  Chapter  24,  Article  VI,  Section  4. 


1 04  Oath  of  Office — Where  Filed.  Sec.  3.  The  oath 
of  office  shall,  in  all  cases,  be  administered  by  the  city 
clerk,  except  his  own  oath,  which  shall  be  administered 
by  the  mayor.  Such  oaths  of  office  shall  be  in  writing 
and  filed  in  the  office  of  the  city  clerk. 

See  note  last  section. 


105  Who  Eligible  to  Office.  Sec.  4.  No  person 
shall  be  eligible  to  any  office  who  is  not  a qualified 
elector  of  the  city  and  who  shall  not  have  resided 
therein  at  least  one  year  next  preceding  his  election  or 
appointment,  nor  shall  any  person  be  eligible  to  any 
office  who  is  a defaulter  to  the  corporation. 

R.  S.  Chapter  24,  Article  VI,  Section  6. 

106  Officer  Not  to  Be  Interested  in  Contract.  Sec.  5. 
No  officer  shall  be,  directly  or  indirectly,  interested  in 
any  contract,  work  or  business  of  said  city,  or  the  sale 
of  any  article  the  expense,  price  or  consideration  of 


CITY  OF  CARBONDALE 


57 


which  is  paid  from  the  treasury  or  by  any  assessment 
levied  by  any  act  or  ordinance,  nor  in  the  purchase  of 
any  real  estate  or  other  property  belonging  to  the  cor- 
poration or  which  may  be  sold  for  taxes  or  assessments, 
or  by  virtue  of  legal  process  at  the  suit  of  said  corpora- 
tion. 

R.  S.  Chapter  24,  Article  VI,  Section  7. 

107  Other  Office , Officers  Not  to  Hold.  Sec.  6.  No 
mayor,  alderman,  city  clerk  or  treasurer  shall  hold  any 
other  office  under  the  city  government  during  his  term 
of  office. 

R.  S.  Chapter  24,  Article  VI,  Section  9. 

108  Officers  to  Be  Conservators  of  Peace.  Sec.  7.  The 
mayor,  aldermen,  city  marshal  and  all  policemen  and 
watchmen  of  said  city  shall  be  conservators  of  the 
peace,  and  as  such  shall  exercise  the  power  conferred 
on  them  under  section  83,  chapter  24,  R.  S.  1874. 

109  Constable  and  Sheriff— Jurisdiction.  Sec.  8.  Any 
constable  or  sheriff  of  Jackson  county,  Illinois,  may 
serve  any  process  or  make  any  arrest  authorized  to  be 
made  by  any  city  officer. 

R.  S.  Chapter  24,  Article  V,  Section  9. 

no  Officers  to  Be  Commissioned — What  Form  Of. 
Sec.  9.  All  city  officers,  except  the  mayor,  aldermen 
and  city  clerk,  shall  be  commissioned  by  warrant  under 
the  corporate  seal,  which  commissions  shall  be  signed 
by  the  mayor  and  city  clerk  and  issued  by  the  city 
clerk,  and  may  be  in  the  following  form: 

STATE  OF  ILLINOIS,  ) 

County  of  Jackson,  > ss. 

City  of  Carbondale.  ) 

To  All  to  Whom  These  Presents  Shall  Come , Greeting: 

Ynow  ye,  that, having 

been  duly  elected  (or  appointed,  as  the  case  may  be,) 

to  the  office  of of  the  City  of 

Carbondale,  I, Mayor  of 


58 


ORDINANCES  OF  THE 


said  city,  for  and  in  behalf  of  the  people  thereof,  do 

hereby  commission  him in  and 

for  said  said  city,  to  have  and  possess  said  office,  with 
all  the  rights,  powers  and  emoluments  incident  thereto, 
and  with  authority  to  execute  all  the  duties  thereof,  ac- 
cording to  law  and  ordinance,  until  his  successor  shall 
be  duly  chosen  and  qualified. 

In  testimony  whereof,  I have  hereunto  set 
my  hand  and  caused  the  corporate  seal 

[seal]  of  said  city  to  be  affixed,  this ... 

day  of , A.  D.  nineteen 

hundred  and 

By  the  Mayor.  Mayor. 

City  Clerk. 

The  mayor  shall  issue  a certificate  of  election  to 
the  city  clerk,  under  the  seal  of  the  corporation,  and 
the  city  clerk  shall  so  issue  certificates  of  election  to 
the  mayor  and  each  alderman. 

Authority  to  commission.  R.  S.  Chapter  24,  Article  VI,  Section  5. 

1 1 1  Oath  of  Office — Form  Of.  Sec.  10.  Every  officer, 
whether  elected  or  appointed,  shall,  before  entering 
upon  the  duties  of  office,  take  and  subscribe  an  oath  or 
affirmation,  which  may  be  substantially  in  the  following 
form,  viz: 

“I  do  solemnly  swear  (or  affirm)  that  I will  support 
the  Constitution  of  the  United  States,  the  Constitution 
of  the  State  of  Illinois,  and  will  faithfully  discharge  the 

duties  of  the  office  of of  the 

City  of  Carbondale,  Illinois,  according  to  the  best  of  my 
ability.” 


1 12  Officers  Not  to  Be  Sureties  for  Each  Other.  Sec. 
1 1.  No  member  of  the  city  council,  and  no  person  hold- 
ing any  office  in  this  city,  shall  become  surety  on  the 
official  bond  of  any  other  officer  of  this  city. 

1 13  Appointive  Officer — WJmi  Absent.  Sec.  12.  No 
appointive  officer  shall  be  absent  from  the  city  without 
asking  consent,  which  may  be  given  by  the  mayor. 


CITY  OF  CARBONDALE 


59 


1 14  Account  of  Moneys  Received . Sec.  13.  All 
officers  collecting  any  moneys  belonging  to  the  city 
shall  immediately  pay  over  the  same  to  the  treasurer, 
and  shall  at  the  first  regular  meeting  in  each  month  pre- 
sent a full,  itemized  and  true  statement  of  all  amounts 
received  during  the  preceding  calendar  month,  attach- 
ing thereto  a duplicate  receipt  of  the  treasurer.  Any 
officer  failing  to  so  turn  over  any  funds  collected  by 
him,  or  failing  to  make  an  account  as  above  required, 
unless  prevented  through  sickness  or  some  other  good 
reason,  shall  be  subject  to  a fine  of  not  less  than  ten 
dollars  nor  more  than  one  hundred  dollars. 

1 15  Records . Sec.  14.  All  records,  books,  papers 
and  files  pertaining  to  any  city  office  shall  at  all  rea- 
sonable times  be  subject  to  inspection  by  other  city  offi- 
cers, and  by  all  persons  interested  therein,  and  all 
officers  shall,  when  requested,  give  all  information  in 
their  power  to  the  mayor,  council,  attorney,  or  any 
officer  or  department  of  the  city  government.  And 
any  city  officer  refusing  to  allow  inspection  of  his  rec- 
ords under  the  provisions  of  this  section  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars. 

1 16  Resignations — Where  Filed.  Sec.  15.  When 
any  officer  shall  desire  to  resign  his  office,  his  resigna- 
tion shall  be  in  writing,  addressed  to  the  city  council, 
and  filed  with  the  city  clerk  at  least  twenty  days  before 
its  taking  effect. 

1 17  Officers  Exempt  From  Street  Labor.  Sec.  16. 
The  mayor,  aldermen,  city  clerk,  city  attorney,  city 
treasurer,  city  marshal,  members  of  the  fire  depart- 
ment and  all  other  city  officers  shall  be  exempt  from 
labor  on  the  streets  and  alleys  of  the  city. 

R.  S.  Chapter  24,  Article  V,  Section  10. 

1 18  Elective  Officers — When  to  Assume  Office.  Sec. 
17.  All  elective  officers  of  this  city  shall  assume  and 
enter  upon  the  discharge  of  the  duties  of  their  respect- 
ive offices  at  the  first  regular  council  meeting  on  the 


6o 


ORDINANCES  OF  THE 


first  Tuesday  of  May  next  after  their  election,  except  in 
case  of  officers  elected  to  fill  vacancies,  who  shall  assume 
and  enter  upon  the  discharge  of  the  duties  of  their 
offices  as  soon  as  qualified;  and  all  officers  appointed 
by  the  mayor  and  city  council  shall  assume  and  enter 
upon  the  discharge  of  the  duties  of  their  offices  at  such 
time,  not  exceeding  ten  days  from  the  date  of  their 
appointment,  as  may  be  fixed  by  the  order  of  appoint- 
ment. 

i iq  Misconduct — Failure  to  Deliver  Books — Penalty. 
Sec.  18.  Any  officer  of  the  city  who  shall  wilfully  fail, 
neglect  or  refuse  to  surrender  his  office  or  deliver  to 
his  successor  any  money,  books,  papers,  stationery  or 
furniture  pertaining  to  the  office  for  more  than  five  days 
after  demand  made  by  a legally  qualified  successor,  or, 
in  case  of  his  removal  or  resignation  before  the  expira- 
tion of  his  term,  to  the  person  legally  appointed  to 
receive  the  same,  shall  forfeit  and  pay  not  less  than 
twenty-five  nor  more  than  two  hundred  dollars,  to  be 
recovered  in  an  action,  in  the  name  of  the  city,  directly 
against  him  or  on  his  official  bond;  and  every  person 
holding  an  office  in  and  by  the  authority  of  the  city 
shall  be  liable  on  his  official  bond  for  the  value  of  any- 
thing pertaining  to  the  office  lost  while  he  shall  hold  or 
have  charge  of  the  same. 

R.  S.  Chapter  24,  Article  II,  Section  14. 

120  Vacancy  in  Office  of  Police  Magistrate — How 
Filled.  Sec.  19.  Whenever  any  vacancy  shall  occur  in 
the  office  of  police  magistrate  in  the  city,  by  the  death, 
removal  or  inability  to  serve  of  the  person  elected  to 
that  office,  the  city  council  shall  forthwith  order  an 
election  to  fill  such  vacancy:  Provided , the  unexpired 
portion  of  the  term  during  which  such  vacancy  occurred 
shall  equal  or  exceed  one  year,  but  if  such  unexpired 
portion  of  such  term  be  less  than  one  year,  then  the 
mayor,  by  and  with  the  advice  and  consent  of  the  city 
council,  shall  fill  such  vacancy  by  appointment. 

R.  S.  Chapter  24,  Article  VI,  Section  3. 

State  Const.  Article  VI,  Section  32. 


CITY  OF  CARBONDALE 


6l 


1 2 1 Falsely  Pretending  to  Be  Officer , Etc. — Penalty. 
Sec.  20.  VVhover  shall,  in  this  city,  falsely  represent 
himself  to  be  an  officer  of  the  city,  or  shall,  without  be- 
ing duly  authorized  by  the  city,  exercise  or  attempt  to 
exercise  any  of  the  duties,  functions  or  powers  of  a city 
officer,  or  shall  hinder,  obstruct,  resist  or  otherwise 
interfere  with  any  city  officer  in  the  discharge  of  the 
duties  of  his  office,  or  shall  attempt  to  prevent  any  such 
officer  from  arresting  any  person,  either  by  force  or  by 
giving  notice  to  such  person,  or  shall  attempt  to  rescue 
from  such  officer  any  person  in  his  custody,  shall,  on 
conviction,  be  fined  not  less  than  twenty-five  nor  more 
than  two  hundred  dollars. 

Criminal  Code,  R.  S.  38,  Section  102. 

122  Refusing  to  Join  Posse  — Penalty.  Sec.  21. 
Every  male  person  in  the  city  above  the  age  of  eighteen 
years  who  shall  refuse  to  join  the  posse  of  any  city  mar- 
shal, or  any  other  officer  or  person  constituted  by  law  a 
peace  officer,  or  conservator  of  the  peace  of  the  city,  to 
assist  in  arresting  any  person  against  whom  there  may 
have  been  issued  any  civil  or  criminal  process  for  the 
arrest  of  such  person,  or  to  assist  in  arresting  any  per- 
son who  may  have  escaped  after  having  been  arrested, 
or  by  neglecting  or  refusing  to  aid  and  assist  in  prevent- 
ing any  breach  of  the  peace,  or  the  commission  of  any 
criminal  offense,  or  in  preventing  or  suppressing  any 
riot,  rout,  affray  or  disturbance  of  the  peace,  after  hav- 
ing been  lawfully  requested  by  such  peace  officer  or  con- 
servator of  the  peace  to  join  in  such  posse , or  to  assist  in 
any  such  arrest,  or  in  preventing  or  suppressing  any 
such  riot,  rout,  affray  or  disturbance  of  the  peace,  shall, 
on  conviction,  be  fined  not  less  than  three  nor  more 
than  twenty-five  dollars. 

Criminal  Code,  R.  S.  Chapter  38,  Section  341. 


MAYOR. 

123  Qualifications  Of.  Sec.  22.  The  mayor  shall 
be  a citizen  of  the  United  States,  a qualified  elector, 


62 


ORDINANCES  OF  THE 


reside  within  the  city  limits,  hold  his  office  for  two 
years,  and  until  his  successor  is  elected  and  qualified. 

R.  S.  Chapter  24,  Article  II,  Section  1. 

124  Vacancy — How  Filled.  Sec.  23.  Whenever  a 
vacancy  shall  occur  in  the  office  of  mayor,  when  the 
unexpired  term  is  more  than  one  year  from  the  date 
when  vacancy  occurs,  such  vacancy  shall  be  filled  by  an 
election.  If  the  vacancy  is  less  than  one  year,  the  city 
council  shall  elect  one  of  its  number  to  act  as  mayor, 
who  shall  possess  all  the  lights  and  powers  of  mayor 
until  the  next  annual  election  and  until  his  successor  is 
elected  and  qualified.  If  the  mayor  at  any  time  during 
the  term  of  his  office  removes  from  the  city  his  office 
shall  thereby  become  vacant. 

R.  S.  Chapter  24,  Article  II,  Sections  3-5. 

125  Mayor  Pro  Tern. — - When  and  How  Provided  For. 
Sec.  24.  During  a temporary  absence  or  disability  of 
the  mayor  the  city  council  shall  elect  one  of  its  number 
to  act  as  mayor  pro  tern.,  who,  during  such  absence  or 
disability,  shall  possess  the  powers  of  mayor. 

R.  S.  Chapter  24,  Article  II,  Section  4. 

126  Mayor  to  Preside — When  to  Vote.  Sec.  25.  The 
mayor  shall  preside  at  all  meetings  of  the  city  council, 
but  shall  not  vote  except  in  case  of  a tie,  when  he  shall 
give  the  deciding  vote. 

R.  S.  Chapter  24,  Article  II,  Section  6. 

127  Mayor  to  Remove  Appointive  Officer — When. 
Sec.  26.  The  mayor  shall  have  power  to  remove  any 
officer  appointed  by  him  on  any  formal  charge  when- 
ever he  shall  be  of  the  opinion  that  the  interests  of  the 
city  demand  such  removal,  but  he  shall  report  the  rea- 
sons for  such  removal  to  the  city  council  at  its  next  reg- 
ular meeting. 

R.  S.  Chapter  24,  Article  II,  Section  7. 

128  May  Release  Prisoner — Reasons.  Sec.  27.  He 
may  release  any  person  imprisoned  for  violation  of  any 


CITY  OF  CARBONDALE 


63 


ordinance,  and  shall  report  such  release,  together  with 
the  reason  therefor,  to  the  city  council  at  its  first  session 
thereafter. 

R.  S.  Chapter  24,  Article  II,  Section  9. 

1 29  Other  Duties.  Sec.  28.  He  shall  perform  all 
such  duties  as  are  or  may  be  prescribed  by  law  or  by  the 
city  ordinances,  and  shall  take  care  that  the  laws  and 
ordinances  are  faithfully  executed. 

R.  S.  Chapter  24,  Article  II,  Section  10. 


CITY  CLERK. 

130  Clerk  — Duties  Of.  Sec.  29.  The  city  clerk 
shall  attend  at  every  meeting  of  the  city  council,  and 
shall  keep  a correct  record  of  all  proceedings  of  the 
same;  he  shall  keep  the  corporate  seal,  and  use  it  in  all 
cases  where  necessary  whenever  applied  to  for  that  pur- 
pose; he  shall  notify  all  committees  appointed  by  the 
city  council  of  their  appointment  and  of  the  business 
referred  to  them;  he  shall  notify  all  judges  and  clerks 
of  election  of  their  appointment;  shall  issue  all  license; 
shall  keep  all  papers  pertaining  to  his  office;  shall 
record  in  a well  bound  book  all  ordinances  of  said  city, 
and  have  all  ordinances  published  as  required  by  law; 
he  shall  not  suffer  any  record,  paper  or  other  instrument 
in  writing  in  his  possession  as  such  clerk  to  be  taken 
from  his  office  by  any  other  person  than  himself  or 
some  city  officer  entitled  thereto;  and,  if  through  his 
carelessness  or  negligence  any  paper,  record  or  other 
city  property  entrusted  to  his  care  be  lost  or  damaged, 
he  shall,  on  conviction,  be  fined  not  less  than  three  nor 
more  than  one  hundred  dollars,  and  shall  be  liable  on 
his  bond  for  all  loss  or  damage  resulting  to  the  city 
therefrom;  he  shall  attest  all  deeds  and  leases  and  con- 
tracts made  by  the  council,  and,  together  with  the 
mayor,  sign  all  ordinances,  bonds,  license  and  orders 
on  the  city  treasurer,  and  affix  the  seal  of  the  city 
thereto,  and  perform  such  other  duties  as  may  be  re- 
quired by  the  city  council. 

R.  S.  Chapter  24,  Article  VI,  Sections  10-n. 


64 


ORDINANCES  OF  THE 


CITY  TREASURER. 

13 1 Treasurer — Duties  Of . Sec.  30.  The  city  treas- 
urer shall  receive  all  moneys  belonging  to  said  city,  and 
shall  keep  his  books  and  accounts  in  such  shape  as  to 
exhibit  at  all  times  the  true  financial  condition  of  the 
corporation,  and  such  books  and  accounts  shall  always 
be  subject  to  inspection  of  any  member  of  the  city  coun- 
cil; he  shall  keep  a separate  account  of  each  fund  or 
appropriation  and  the  debits  and  credits  belonging 
thereto,  and  he  shall  give  every  person  paying  money 
into  the  treasury  duplicate  receipts  therefor. 

R.  S.  Chapter  24,  Article  VII,  Sections  5-6-7. 

132  Report  Of— What  to  Show , Etc . Sec.  31.  The 
city  treasurer  shall  at  each  regular  monthly  meeting 
render  an  account,  under  oath,  showing  the  state  of  the 
treasury  at  the  date  of  such  account  and  the  balance  of 
money  in  the  treasury  unexpended  belonging  to  the  sev- 
eral approbations;  he  shall  accompany  such  account 
with  a statement  of  all  moneys  received  into  the  treas- 
ury and  on  what  account,  together  with  all  warrants 
redeemed  and  paid  by  him,  which  said  warrants,  with 
any  and  all  vouchers  held  by  him,  shall  be  delivered  to 
the  city  clerk  and  filed  with  his  said  account  in  the  city 
clerk’s  office;  all  warrants  paid  by  him  shall  be  stamped 
or  marked  “paid;”  he  shall  keep  a register  of  all  war- 
rants paid  and  redeemed,  which  shall  describe  such  war- 
rants and  show  the  date,  amount,  number,  the  fund 
from  which  paid  and  the  name  of  the  person  to  whom 
and  when  paid. 

R.  S.  Chapter  24,  Article  VII,  Section  8. 

133  Annual  Report — What  to  Show.  Sec.  32.  The 
city  treasurer  shall  report  to  the  city  council  as  often  as 
required  a full  and  detailed  account  of  all  receipts  and 
expenditures  of  the  corporation  as  shown  by  his  books 
up  to  the  time  of  making  said  report,  and  he  shall  an- 
nuallv,  between  the  first  and  tenth  of  April,  make  out 
and  file  with  the  clerk  a full  and  detailed  account  of 
all  such  receipts  and  expenditures,  and  of  all  his  trans- 


CITY  OF  CARBONDALE 


65 


actions  as  such  treasurer  during  the  preceding  fiscal 
year,  and  shall  show  in  such  account  the  state  of  the 
treasury  at  the  close  of  the  fiscal  year,  which  account 
the  clerk  shall  immediately  cause  to  be  published  in  a 
newspaper  printed  in  said  city. 

R.  S.  Chapter  24.  Article  VII,  Section  10. 

134  Warrants — By  Whom  Signed  and  Issued.  Sec. 
33.  All  warrants  drawn  upon  the  city  treasury  shall  be 
stamped  with  the  seal  of  the  city,  be  signed  by  the 
mayor  and  countersigned  by  the  clerk,  and  shall  state 
upon  their  face  the  date,  when  allowed,  for  what,  and 
to  what  particular  fund  or  appropriation  they  are 
chargeable,  and  to  whom  payable. 

R.  S.  Chapter  24,  Article  VII,  Section  11. 

135  Penalty.  Sec.  34.  For  any  failure  of  the  city 
treasurer  to  comply  with  the  provisions  of  sections  17, 
18  and  iq  of  this  chapter  he  shall,  on  conviction,  be 
fined  not  less  than  ten  nor  more  than  two  hundred  dol- 
lars. 


CITY  ATTORNEY. 

136  Duties — Qualifications  and  Authority  Of . Sec. 

35.  The  city  attorney  shall  be  a regularly  licensed  at- 
torney in  the  courts  of  the  State,  and  shall  prosecute 
or  defend,  in  behalf  of  the  city,  all  suits  and  actions 
originating  and  pending  in  any  court  of  this  State  to 
which  the  city  is  a party,  whether  for  violation  of  the 
ordinances  or  otherwise,  or  in  which  the  interests  of 
the  city  are  in  anywise  affected,  or  in  which  the  official 
acts  of  any  of  the  officers,  agents  or  servants  of  the 
city  are  involved:  Provided , it  is  the  duty  of  the  police 

magistrate  and  every  justice  of  the  peace  to  see  that 
the  city  attorney  is  notified  of  every  case  before  them 
in  which  the  city,  or  any  officer  thereof  in  his  official 
capacity,  is  a party  or  in  any  manner  interested. 

137  To  Advise  City  Council.  Sec.  36.  The  city  at- 
torney shall  advise  the  city  council,  or  its  committees 


66 


ORDINANCES  OF  THE 


or  any  city  officers,  on  such  legal  questions  as  may 
arise  in  relation  to  the  business  of  the  city,  and  it  shall 
be  his  duty  to  draw  all  ordinances,  bonds,  contracts,  or 
other  papers  which  may  come  up  for  passage  or  action 
upon  by  the  city  or  its  officers  or  committees;  he  shall 
report  to  the  city  council  all  cases  in  which  he  shall 
deem  it  expedient  to  take  an  appeal  or  writ  of  error 
on  behalf  of  the  city;  he  shall  keep  an  account  book 
showing  all  claims  placed  in  his  hands  for  collection, 
all  moneys  received  by  him  on  account  of  the  city,  and 
all  payments  to  the  city  treasurer;  also  to  see  that  all 
judgments  in  favor  of  the  city  are  properly  and 
promptly  enforced  by  execution  or  other  proper  final 
process;  he  shall  personally  attend  any  meeting  of  the 
city  council  when  required  by  the . mayor,  city  council 
or  any  of  its  committees  so  to  do.  The  city  clerk  shall 
deliver  to  him  any  bond  or  necessary  paper  to  be  used 
in  any  suit  or  proceeding,  taking  his  receipt  for  the 
same. 

138  Absence — What  to  Do.  Sec.  37.  The  city  attor- 
ney may,  in  case  of  temporary  absence  or  otherwise 
being  unable  to  attend  to  the  duties  of  his  office,  with 
approval  of  the  mayor,  appoint  some  competent  attor- 
ney to  act  in  his  place,  who,  when  acting,  shall  be  enti- 
tled to  all  the  emoluments  and  fees. 

139  May  Dismiss  Suits — When.  Sec.  38.  He  may 
dismiss  any  suit  instituted  by  or  in  behalf  of  the  city 
whenever  he  shall  be  of  opinion  that  the  evidence  is 
not  sufficient  to  sustain  the  same;  and  it  shall  be  his 
duty  in  all  cases  where  he  is  engaged  to  see,  so  far  as 
may  be  in  his  power,  that  justice  be  done  to  the  city. 


CITY  MARSHAL. 

140  Day  Marshal — Duties  Of.  Sec.  39.  It  is  the  duty 
of  the  day  marshal  to  patrol  the  streets  of  the  city  from 
6 o’clock  a.  m.  till  6 o’clock  p.  m.  of  each  day;  preserve 
order  while  on  duty;  arrest  all  persons  by  him  found 
committing  any  crime  or  violating  any  ordinance  of 


CITY  OF  CARBONDALE 


67 


the  city;  exercise  proper  care  for  the  preservation  of 
property  and  the  prevention  of  fires  and  conflagra- 
tions; promptly  give  the  alarm  of  fire  when  necessary, 
and  perform  such  other  duties  as  may,  by  law  or  ordi- 
nance, be  required  of  him.  He  shall  be  the  general 
police  officer  of  the  city;  shall  attend  to  the  service 
and  execution  of  all  writs  and  papers  issued  by  the  po- 
lice magistrate  or  any  justice  of  the  peace  in  suits  aris- 
ing under  the  ordinances  for  violations  of  the  same 
while  he  is  on  duty;  except  in  cases  where  he  may  be  of 
kin  to  the  party  charged,  or  prejudiced  against  the 
complaining  witness,  or  for  other  good  cause,  the  exe- 
cution of  such  writs  and  papers  shall  be  given  to  some 
other  officer.  Under  the  direction  of  the  city  council 
and  its  committee  on  streets,  he  shall  have  charge  of 
the  improvement,  construction  and  repair,  and  also 
general  superintendence  and  care,  of  all  streets,  alleys, 
public  ways,  sidewalks,  crosswalks  and  crossings  within 
the  limits  of  the  city,  and  it  is  his  duty  to  see  that  all 
such  streets,  alleys,  public  ways,  sidewalks,  crosswalks 
and  crossings  are  kept  in  good  repair,  except  when 
there  is  a regularly  appointed  and  commissioned  street 
commissioner  serving.  The  day  marshal  shall  perform 
such  other  and  further  duties  as  may  from  time  to 
time  be  by  law  or  ordinance  required  of  him;  he  shall 
at  all  times  while  on  duty  wear  some  badge  to  indicate 
his  official  character;  he  shall  keep  all  sidewalks  in  the 
city  clear  and  free  from  obstruction,  and  shall  remove, 
or  cause  to  be  removed  or  abated,  all  nuisances  from 
within  the  city  limits;  and  for  the  purpose  of  execut- 
ing the  duties  of  his  office  he  shall  possess  the  power 
and  authority  of  a constable  at  common  law  and  under 
the  statutes  of  Illinois. 

Duties  and  power  of  marshal.  R.  S.  Chapter  24,  Article  VI,  Sec- 
tion 2. 


NIGHT  MARSHAL. 

1 4 1 . Night  Marshal — Duties  Of.  Sec,  40.  It  is  the 
duty  of  the  night  policeman  to  patrol  the  streets  of  the 
city  from  6 o’clock  p.  m.  till  6 o’clock  a.  m.  of  each  day; 


68 


ORDINANCES  OF  THE 


preserve  order  while  on  duty;  arrest  all  persons  by  him 
found  committing  an)r  crime  or  violating  any  ordinance 
of  the  city;  see  that  all  business  houses,  shops,  offices 
and  other  business  places  are  closed  and  fastened  after 
business  hours;  exercise  proper  care  for  the  preserva- 
tion of  property  and  the  prevention  of  fires  and  confla- 
grations; promptly  give  the  alarm  of  fire  when  neces- 
sary, and  perform  such  other  duties  as  may  by  law  or 
ordinance  be  required  of  him.  He  shall  be  a general 
police  officer  of  the  city;  shall  attend  to  the  service  and 
execution  of  all  writs  and  papers  issued  by  the  police 
magistrate  or  any  justice  of  the  peace  in  suits  arising 
under  the  ordinances  for  violations  of  the  same  while 
he  is  on  duty,  except  in  cases  where  he  may  be  of  kin 
to  the  party  charged  or  prejudiced  against  the  com- 
plaining witness,  or  for  other  good  cause,  the  execution 
of  such  writs  and  papers  shall  be  given  to  some  other 
officer.  He  shall  keep  a careful  account  of  all  street 
lights  that  are  out  of  repair  or  fail  to  burn  and  report 
the  same,  in  detail,  to  the  city  council  monthly.  He 
shall  perform  such  other  and  further  duties  as  may 
from  time  to  time  be  by  law  or  ordinance  required  of 
him;  he  shall  at  all  times  while  on  duty  wear  some 
badge  to  indicate  his  official  character;  he  shall  while 
on  duty  keep  all  sidewalks  in  the  city  clear  and  free 
from  obstruction,  and  shall  remove,  or  cause  to  be  re- 
moved or  abated,  all  nuisances  within  the  city  limits; 
and  for  the  purpose  of  executing  the  duties  of  his  office 
he  shall  possess  the  power  and  authority  of  a constable 
at  common  law  and  under  the  statutes  of  Illinois. 

See  note  to  Sec.  40  above. 


STREET  COMMISSIONER. 

142.  Street  Commissioner — Duties  Of.  Sec.  41.  The 
street  commissioner  shall,  under  direction  of  the  city 
council  and  its  committee  on  streets,  have  charge  of  the 
improvement,  construction  and  repair,  and  also  general 
superintendence  and  care,  of  all  streets,  alleys,  public 
ways,  sidewalks,  crosswalks  and  crossings  within  the 
limits  of  the  city,  and  it  is  his  duty  to  see  that  all  such 


CITY  OF  CARBONDALE 


6q 


streets,  alleys,  public  ways,  sidewalks,  crosswalks  and 
crossings  are  kept  in  good  repair;  and  for  any  neglect, 
failure  or  refusal  so  to  do  he,  and  the  sureties  upon  his 
official  bond,  shall  be  liable  and  be  required  to  reim- 
burse and  make  good  to  the  city  any  sum  or  sums  of 
money  recovered  against  or  from  the  city  in  any  suit  or 
action  for  damages  for  injuries  in  consequence  of  such 
failure,  neglect  or  refusal,  together  with  all  costs  of  ac- 
tion and  for  all  sums  paid  by  the  city  as  attorneys’  fees 
in  and  about  the  defense  of  such  action  or  actions. 

When  officer  provided  for  only  by  law  council  has  full  control 
over  him.  Dillon  on  Munic.  Corp.,  Section  212. 

R.  S.  Chapter  24,  Article  V,  Section  1,  Clause  71. 

R.  S.  Chapter  24,  Article  VI,  Section  3. 

143  Same — Further  Duties — Power  Of.  Sec.  42. 
He  shall  superintend,  oversee  and  direct  all  prisoners 
while  laboring  upon  the  streets  and  alleys  of  the  city  in 
satisfaction  of  any  fines  or  costs,  or  either,  and  is  re- 
sponsible for  the  custody  of  all  prisoners  while  on  the 
streets;  he  shall  see  to  it  that  all  prisoners  as  are  re- 
quired to  work  out  fines  and  costs,  or  either,  perform 
work  as  may  be  required  by  ordinance;  and  if  he  refuse 
or  fail  so  to  do,  or  shall  negligently  or  wilfully  suffer 
the  escape  of  any  prisoner  while  in  his  custody,  he,  and 
the  sureties  on  his  official  bond,  shall  be  liable  for  the 
amount  of  the  fine  and  costs  adjudged  against  any  such 
prisoner;  he  shall  perform  such  other  duties  as  may  by 
law  or  ordinance  be  required  of  him.  To  enable  him 
effectually  to  discharge  the  duties  herein  imposed  upon 
him  he  is  authorized,  whenever  necessary,  to  restrain 
and  enforce  obedience  from  any  refractory,  unruly  or 
vicious  prisoner  in  his  custody  by  attaching  to  such 
prisoner  a ball  or  chain  or  other  suitable  contrivance, 
instrument  or  thing. 

Dillon  on  Munic.  Corp.,  Section  212. 

R.  S.  Chap.  24,  Article  V,  Section  1,  Clause  71. 

R.  S.  Chap.  24,  Article  VI,  Section  3. 


70 


ORDINANCES  OF  THE 


SEXTON. 

144  Sexton— Duties  Of.  Sec.  43.  The  sexton  shall, 
under  the  direction  of  the  committee  on  cemeteries, 
have  charge  of  the  cemeteries,  and  keep  and  preserve 
in  good  order  and  repair  the  grounds,  buildings,  ave- 
nues, walks  and  fences  thereof,  and  shall  also  see  that 
all  ordinances  relating  to,  and  all  rules  and  regulations 
for  the  government  of,  said  cemeteries  are  enforced. 


CHAPTER  IX. 


CITY  CONTRACTS. 


145  To  be  Let  to  the  Lowest  Responsible  Bidder  — 
When.  Section  1.  All  contracts  for  the  making  of  any 
public  improvement  or  public  work  of  any  kind  whatso- 
ever in  the  city  of  Carbondale,  to  be  paid  for  in  whole 
or  in  part  by  special  assessment,  special  taxation  or 
otherwise,  shall  be  let  to  the  lowest  responsible  bidder 
therefor  in  the  manner  hereinafter  prescribed,  and  be 
approved  by  the  mayor:  Provided , that  any  such  con- 
tract may  be  entered  into  by  the  city  clerk,  or  other 
proper  officer,  without  advertising  for  bids,  when  au- 
thorized by  a vote  of  three-fourths  of  all  the  aldermen 
elected  to  the  city  council. 

In  general,  city  contracts  by  ordinance  or  resolution.  Alton  vs. 
Mulledy,  21  111.,  76;  Athens  vs.  Thomas,  82  111.,  259. 

146  How  to  Let  — Advertisement — Contents  Of. 
Sec.  2.  Whenever  any  public  improvement  or  public 
work  of  any  kind  whatsoever  shall  become  necessary 
within  the  city,  and  is  ordered  by  the  city  council  to  be 
done,  which  by  law  or  ordinances  of  the  city  is  required 
to  be  let  by  contract  to  the  lowest  responsible  bidder, 


CITY  OF  CARBONDALE 


7 


the  city  clerk  shall,  under  the  direction  of  the  city  coun- 
cil, unless  the  city  council  dispense  with  the  necessity 
of  advertising  in  such  manner  as  may  by  law  or  ordi- 
nance be  provided,  advertise  in  some  newspaper  printed 
in  the  city,  or  if  there  be  no  such  newspaper,  then  by  at 
least  five  written  or  printed  notices  posted  up  in  public 
places  in  different  parts  of  the  city,  not  less  than  ten 
nor  more  than  thirty  days,  for  sealed  proposals,  or  bids, 
for  the  doing  of  such  work,  which  advertisements  or 
notices  shall  contain  a description  of  the  character  and 
quantity  of  the  work  to  be  done,  with  specifications  as 
to  the  manner  of  doing  the  same,  a statement  of  what 
will  be  required  of  bidders,  and  the  time  for  and  during 
which  bids  will  be  received,  which  time  must,  in  all 
cases,  expire  with  the  day  preceding  a meeting  of  the 
city  council,  together  with  such  other  matters  as  the 
city  council  may  deem  proper,  and  the  right  to  reject 
any  and  all  bids  must  be  reserved  in  all  cases. 

Contracts  not  authorized  by  law  are  void.  Miller  vs.  Goodwin, 
75  111.,  659;  People  vs.  Dupuyt,  71  111.,  65. 

147  Special  Committee  o?i  Printing — Duties  Of . 
Sec.  3.  The  mayor  shall  appoint  a special  committee 
of  four  aldermen,  to  be  designated  and  known  as  the 
printing  committee,  whose  duty  it  shall  be:  To  have 

supervision  of  all  printing  done  for  the  city;  to  audit, 
and  approve  or  reject,  bills  for  same;  to  designate  some 
newspaper  or  newspapers  in  which  all  advertising  for 
the  city  shall  be  done,  and  make  contracts  for  same; 
to  supervise  orders  for  the  furnishing  of  all  stationery, 
blanks,  records,  election  supplies,  and  all  other  printed 
matter  of  like  character.  All  bills  for  printing,  supplies, 
advertising,  etc.,  shall  be  duly  examined  by  the  city 
clerk,  and  if  found  to  be  correct  shall  be  so  endorsed 
by  him  and  immediately  placed  in  the  hands  of  t fie 
printing  committee  for  its  consideration.  No  bills  for 
printing  for  the  city  contracted  in  any  other  than  the 
foregoing  manner  shall  be  allowed  by  the  city  council. 
The  said  printing  committee,  when  so  appointed  by  the 
mayor,  shall  perform  the  duties  above  designated  until 
the  first  regular  meeting  of  the  city  council  in  May, 


ORDINANCES  OF  THE 


1907;  and  annually  thereafter,  at  the  first  regular  meet- 
ing of  the  city  council  in  the  month  of  May  the  mayor 
shall  appoint  a new  printing  committee.  Any  vacancy 
or  vacancies  occurring  in  the  printing  committee  shall 
be  filled  by  the  mayor  at  the  first  regular  or  special 
meeting  of  the  city  council  after  any  such  vacancy  or 
vacancies  shall  have  occurred. 

Contract  or  expenditure  not  legal  without  appropriation.  R.  S. 
Chapter  24,  Article  VII,  Sections  1,  2,  3. 

Officer  not  to  be  interested  in  contract.  R.  S.  Chapter  24,  Arti- 
cle VI,  Section  7 ; R.  S.  Chapter  38,  Section  208. 

Penalty  for  an  officer  exceeding  appropriation.  R.  S.  Chapter 
38,  Section  208. 

City  council  nay  provide  by  ordinance  for  all  printing,  fuel,  sup- 
plies, etc.,  for  use  of  city,  to  be  let  by  contract  to  lowest  bidder.  R. 
S.  Chapter  24,  Article  V,  Section  1,  Clause  94. 

An  ordinance  passed  and  accepted  by  a city  to  be  affected  there- 
by creates  a contract  which  the  city  council  can  not  change.  People 
vs.  C.  W.  D.  Ry.  Co.,  18  111.  App.,  127. 

148  Bids — Bond  zuith — Conditions.  Sec.  4.  The  city 
council  shall  not  receive  nor  consider  any  bids  for  any 
such  work  unless  accompanied  by  a bond  executed  by  the 
bidder,  with  security  to  the  satisfaction  of  the  city  coun- 
cil, in  at  least  double  the  amount  of  the  bid,  as  liqui- 
dated damages,  payable  to  the  city  of  Carbondale,  con- 
ditioned that  if  such  bid  is  accepted  the  bidder  will, 
within  ten  days  after  the  award  is  made,  enter  into  con- 
tract with  the  city,  as  specified  in  the  advertisement  or 
notices  soliciting  bids,  and  will  execute  a bond  condi- 
tioned for  the  faithful  performance  of  such  contract  on 
his  part  in  such  sum  as  may  be  required  by  the  ordi- 
nance providing  for  the  making  of  the  improvement  or 
doing  of  the  work. 

149  Opening  Bids — Contract — Bond.  Sec.  5.  At 
the  time  appointed  for  the  opening  of  the  proposals  or 
bids  the  city  comptroller  or  clerk,  as  the  case  may  be, 
shall,  in  the  presence  of  the  city  council,  publicly  open 
the  proposals  or  bids,  and  the  contract  shall  be  award- 
ed to  the  bidder  who  is  the  lowest  responsible  bidder, 


CITY  OF  CARBONDALE 


73 


and  the  officer  having  advertised  shall  proceed  at  once, 
on  behalf  of  the  city,  under  the  direction  of  the  city 
council,  to  enter  into  contract  with  such  bidder  for  the 
doing  of  such  work,  and  shall  take  bond,  with  security 
to  the  satisfaction  of  the  city  council,  from  such  bidder 
in  such  sum  as  may  be  required,  not  less  than  double  the 
amount  of  the  estimated  cost  of  such  work,  conditioned 
for  the  faithful  performance  thereof,  and  such  contract 
and  bond  shall  thereafter  remain  in  the  custody  of  the 
city  clerk. 

150  Failing  to  Comply  with  Bid— Suit — Readvertise- 
ment . Sec.  6.  If  any  bidder  to  whom  a contract  is 
awarded  shall  fail  to  enter  into  contract  as  herein  re- 
quired, the  officer  having  advertised  shall  report  the 
fact  to  the  city  attorney,  who  shall  institute  suit  in  the 
name  of  the  city  upon  his  bond,  in  some  court  having 
jurisdiction,  to  recover  the  damage  therein  specified; 
and  the  officer  having  advertised  for  bids  shall,  unless 
otherwise  ordered  by  the  city  council,  forthwith  proceed 
to  readvertise  for  bids  in  the  same  manner  as  before. 

15 1 Cancelling  Contract — Further  Proceedings.  Sec. 
7.  If  any  contractor  for  city  work  shall  fail  to  fulfill  his 
contract,  the  city  council  may  cancel  such  contract;  and 
having  done  so,  the  city  clerk  shall  notify  such  con- 
tractor thereof  in  writing,  specifying  the  reasons  there- 
for, and  upon  such  cancelling,  or  if  for  any  reason  the 
contract  for  any  such  work  is  not  awarded  or  completed, 
the  officer  having  advertised  shall  readvertise  for  bids 
for  the  completion  of  such  work,  or  for  another  award 
thereof,  as  the  case  may  be,  in  the  same  manner  as 
hereinbefore  provided. 

152  Contracts  Without  Advertising.  Sec.  8.  Incase 
the  city  council  authorize  the  letting  of  any  city  con- 
tract without  advertising  for  proposals,  or  bids,  the 
city  clerk  or  such  officer  or  committee  as  the  city  coun- 
cil may  designate  shall  have  charge  and  superintend 
the  letting  thereof,  and  the  contract  in  such  case  shall 
be  accompanied  with  the  like  bond  for  its  faithful  per- 
formance and  be  subject  to  the  approval  of  the  city 


74 


ORDINANCES  OF  THE 


council  and  the  like  authority  to  cancel,  as  herein  pro- 
vided concerning  contracts  in  other  cases. 

153  Officer  not  Interested.  Sec.  9.  No  contract  for 
work  for  the  city  shall  be  let  to  any  officer  of  the  city, 
nor  shall  any  officer  of  the  city  become  interested,  di- 
rectly or  indirectly,  in  any  such  contract,  under  a pen- 
alty of  not  less  than  fifty  nor  more  than  two  hundred 
dollars. 

R.  S.  Chapter  24,  Article  VI,  Section  7. 

R.  S.  Chapter  38,  Section  208. 

R.  S.  Chapter  102,  Section  4. 

What  a violation  is  under  this  section.  City  of  Anna  vs.  O’Cal- 
lahan,  3 111.  App.,  176. 

154  Preventing  Bidding — Penalty.  Sec.  10.  Who- 
ever shall  give,  offer,  or  promise  to  give,  or  furnish  to 
be  given,  offered,  or  promised,  any  money,  goods  or 
other  valuable  thing  to  any  person  or  persons  as  a con- 
sideration or  inducement  not  to  bid,  or  withhold  any 
bid,  or  as  compensation  or  reward  for  not  having  bid. 
or  having  withheld  a bid,  for  a contract  for  city  work, 
shall  be  deemed  guilty  of  a misdemeanor,  and,  on  con- 
viction, shall  be  fined  not  less  than  fifty  nor  more  than 
two  hundred  dollars  for  each  and  every  offense.  And 
whoever  shall  accept,  receive,  demand,  or  request  any- 
thing by  this  section  forbidden  to  be  given,  offered  or 
promised  shall,  on  conviction,  suffer  a like  penalty  as  is 
herein  prescribed  for  giving,  offering  or  promising  any 
such  thing,  and  may  be  removed  from  office. 

155  Bribing  Councilmen  to  Award — Councilmen  Ac- 
cepting— Penalty.  Sec.  ii.  Whoever  shall  give,  offer, 
or  promise  to  give,  or  furnish  to  be  given,  offered  or 
promised,  any  money,  goods  or  other  valuable  thing,  to 
any  member  of  the  city  council  as  a consideration  or  in- 
ducement to  vote  to  award,  or  not  to  award,  any  city 
contract  to  any  particular  person,  corporation,  company 
or  firm,  shall  be  deemed  guilty  of  a misdemeanor,  and, 
on  conviction,  shall  be  fined  not  less  than  fifty  nor  more 
than  two  hundred  dollars.  And  if  any  member  of  the 


CITY  OF  CARBONDALE 


75 


city  council  shall  accept,  receive,  demand  or  request 
anything  by  this  section  forbidden  to  be  given,  offered, 
or  promised,  he  shall,  on  conviction,  forfeit  and  pay  not 
less  than  fifty  nor  more  than  two  hundred  dollars,  to  be 
recovered  in  an  action  in  the  name  of  the  city  against 
him,  and  may  be  removed  from  office. 


CHAPTER  X. 


CENSUS  AND  FISCAL  YEAR. 


156  Census — When  Taken — What  Shown  By.  Sec- 
tion 1.  In  the  year  A.  D.  1905,  and  every  tenth  year 
thereafter,  there  shall  be  taken,  at  the  time  of,  and  in 
connection  with,  the  taking  of  the  census  or  enumera- 
tion of  the  persons  of  school  age  and  for  school  pur- 
poses within  and  of  the  city,  a census  or  enumeration 
of  the  adult  population  thereof;  and  the  same  shall  be 
so  taken  as  to  show  the  number  of  persons  of  each  sex, 
and  of  every  color,  nationality  and  occupation,  the 
number  in  each  ward  of  the  city,  and  such  other  facts 
and  statistics,  including  death  rate  and  mortality  statis- 
tics, as  may  be  deemed  useful  or  necessary. 

Power  to  provide  for  taking  census. 

R.  S.  Chapter  24,  Article  V,  Section  1,  Clause  85. 

R.  S.  Chapter  24,  Article  X,  Section  7. 

157  Fiscal  Year — When  Begins.  Sec.  2.  The  fiscal 
year  of  the  city  of  Carbondale  shall  commence  upon 
the  first  day  of  April  of  each  year. 

Fiscal  year.  R.  S.  Chapter  24,  Article  VII,  Section  1. 

Municipal  year.  R.  S.  Chapter  24,  Article  X,  Section  8. 


76 


ORDINANCES  OF  THE 


158  Municipal  Year — When  Begins.  Sec.  3.  The 
municipal  year  of  the  city  of  Carbondale  shall  com- 
mence upon  the  third  Tuesday  of  April  of  each  year 
and  shall  be  construed  to  include  the  period  elapsing 
between  the  regular  annual  city  elections. 

Annual  elections.  R.  S.  Chapter  24,  Article  IV,  Section  1. 

Municipal  year.  R.  S.  Chapter  24,  Article  X,  Section  8. 


CHAPTER  XI. 


DRAYMEN,  HACKMEN  AND  HOTEL 
RUNNERS. 


159  Draymen  and  Others  to  Have  License — Amount 
Required.  Section  i.  Every  person  who  shall  desire 
to  follow  or  carry  on  the  business  of  drayman,  hack- 
man,  omnibus  driver,  cabman,  carter,  freighter,  team- 
ster or  expressman,  within  the  limits  of  the  city,  shall, 
before  doing  so,  obtain  a license  therefor;  and  if  such 
license  be  for  the  carrying  on  of  such  business  with  any 
two  or  more  horse  wagon,  dray,  cab,  hack  or  carriage, 
for  the  transportation  of  freight  or  passengers  within 
the  city,  he  or  they  shall  pay  therefor  at  the  rate  of 
$6.00  per  annum,  or  $3.00  for  six  months;  and  if  such 
license  shall  be  for  the  carrying  on  of  such  business 
with  any  one-horse  wagon,  cart,  cab,  dray  or  other 
vehicle,  for  the  carriage  of  freight  or  passengers  within 
the  city,  he  or  they  shall  pay  therefor  at  the  rate  of 
$3.00  per  annum,  or  $1.50  for  six  months:  Provided , 
that  this  section  shall  not  apply  to  any  person  who 
shall  transport,  for  hire  or  otherwise,  any  passenger  or 
article  of  merchandise  from  any  place  within  the  city 
to  any  place  without  the  same,  or  from  any  place  with- 


CITY  OF  CARBONDALE 


77 


out  the  city  to  any  place  within  the  same;  and  provided , 
further , that  license  may  be  granted  under  this  section 
for  carrying  on  such  business  with  a one-horse  hack 
for  any  one  or  more  days  upon  payment  at  the  rate  of 
$1.00  per  day,  and  for  a two-horse  hack  upon  payment 
at  the  rate  of  $2.00  per  day. 

Authority  to  license  draymen,  etc.  R.  S.  Chapter  54,  Article 
V,  Section  1,  Clause  42. 

160  Hotel  Runners  — License.  Sec.  2.  Any  person 
who  shall  desire  to  carry  on  the  business  of  runner  for 
any  hotel,  eating  house  or  restaurant  shall,  before  do- 
ing so,  procure  a license  therefor,  and  for  such  license 
there  shall  be  charged  and  collected  the  sum  of  $3.00 
per  annum:  Provided , said  license  shall  be  taken  out  by 
the  proprietor  of  such  hotel,  eating  house  or  restaurant, 
and  they  shall  have  the  privilege  of  being  represented 
by  as  many  runners  as  they  shall  pay  license  for;  pro- 
vided, further , that  all  such  agents  or  runners  shall  wear 
a badge  showing  what  hotel,  eating  house  or  restaurant 
they  are  representing. 

Power  to  regulate.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  43. 

16 1 To  Display  Number  of  License  on  Vehicle , Etc. 
Sec.  3.  Every  person  to  whom  a license  is  issued  pur- 
suant to  the  provisions  of  this  chapter  shall  keep  con- 
stantly displa}/ed  upon  the  vehicle  used  by  him,  or  upon 
a badge  to  be  constantly  worn  by  him,  the  number  of 
his  license. 

162  Penalty.  Sec.  4.  Whoever  shall  offend  against, 
or  shall  fail,  neglect  or  refuse  to  comply  with,  the  pro- 
visions of  this  chapter  shall,  on  conviction,  be  fined  not 
less  than  three  nor  more  than  one  hundred  dollars. 


ORDINANCES  OF  THE 


78 


CHAPTER  XII. 


ELECTIONS. 


Article  I.  Elections  in  Gen- 
eral. 


Article  II.  Contesting  Elec- 
tions. 


ARTICLE  I. 


ELECTIONS  IN  GENERAL. 

163  Time  Of.  Section  1.  An  election  shall  be  held 
in  each  ward  in  this  city  on  the  third  Tuesday  of  April 
in  each  and  every  year,  unless  otherwise  provided  for 
by  law. 

R.  S.  Chapter  24,  Article  II,  Sections  1—2. 

164  Who  May  Vote — Where.  Sec.  2.  Any  person 
entitled  to  vote  at  any  general  election  for  State  officers 
in  the  city  is  entitled  to  vote  at  any  city  election,  and 
every  voter  is  entitled  to  cast  his  vote  in  the  ward 
where  he  has  his  bona  fide  residence  at  the  time  of  such 
election,  whether  he  has  resided  in  the  ward  thirty 
days  preceding  such  election  or  not,  provided  he  has 
resided  in  the  city  such  thirty  days. 

Who  entitled  to  vote.  R.  S.  Chapter  24,  Article  IV,  Section  3. 

165  Places  for  Holding — Judges  and  Clerks — When 
Appointed.  Sec.  3.  The  city  council  shall  designate 
the  places  for  holding  all  city  elections,  and  shall  ap- 
point three  judges  and  two  clerks  of  election  for  each 
voting  place  so  designated  by  the  city  council.  They 


CITY  OF  CARBONDALE 


79 


shall  be  qualified  voters  in  their  respective  wards  and 
have  resided  in  the  city  at  least  one  year  next  preced- 
ing such  appointment. 

Qualifications  of  judges,  etc.  R.  S.  Chapter  46,  paragraph  31. 


166  Notice  of  Appointment — Cterk  to  Give — Mar  shat 
to  Serve.  Sec.  4.  Within  five  days  after  the  appoint- 
ment of  judges  and  clerks  of  election  the  city  clerk 
shall  prepare  notices  thereof,  in  writing,  which  notices 
shall  be  signed  and  sealed  with  the  corporate  seal  by 
the  city  clerk,  and  be  delivered  by  him  to  one  of  the 
city  marshals,  who  shall,  as  soon  as  practicable,  deliver 
them  to  the  persons  appointed.  If  the  city  clerk  or 
marshal,  or  both,  shall  wilfully  fail,  neglect  or  refuse  to 
perform  the  duties  imposed  by  this  section,  they  shall, 
each  or  both,  as  the  case  may  be,  on  conviction,  be 
fined  not  less  than  three  nor  more  than  fifty  dollars: 
Provided , however , such  failure,  neglect  or  refusal  of  the 
city  clerk  or  marshal  shall  not  affect  the  validity  of  the 
appointment. 


167  Election  Notice — Clerk  to  Give — Contents  Op — 
Ballot  Boxes.  Sec.  5.  At  least  twenty  days  prior  to 
any  election  in  the  city  the  clerk  shall  give  notice 
thereof  in  some  newspaper  printed  in  the  city,  and  by  at 
least  three  notices  posted  up  in  each  ward;  (if  election 
be  not  general  throughout  the  city,  then  notices  shall  be 
required  only  in  the  ward  or  wards  where  such  election 
is  to  be  held),  which  notices  shall  state  what  officers 
are  to  be  voted  for,  or  what  subject  is  to  be  voted 
upon,  at  such  election,  and  the  time  and  place  in  each 
ward  when  and  where  such  election  is  to  be  held.  \ he 
city  clerk  shall  also  procure,  at  the  expense  of  the  city, 
suitable  ballot  boxes  for  each  ward  and  deliver  the 
same  to  the  judges  of  election  previous  to  any  election, 
and  the  judges  shall  return  the  same,  with  the  election 
returns,  after  each  election,  to  the  city  clerk. 

City  elections  conform  to  general  laws.  R.  S.  Chapter  24,  Arti- 
cle IV,  Section  10. 


8o 


ORDINANCES  OF  THE 


168  Duties  of  Judges  and  Clerks . Sec.  6.  At  the 
time  appointed  for  holding  an  election  the  judges  and 
clerks  of  election  in  each  ward  shall  assemble  at  the 
appointed  place  and  proceed  without  delay,  in  the  man- 
ner provided  by  law,  to  hold  such  election.  They  shall 
take  the  same  oath  as  is,  or  may  be,  required  of  judges 
and  clerks  of  State  and  county  elections,  and  shall  con- 
duct the  said  election  in  all  respects,  as  near  as  may  be, 
in  the  manner  provided  by  law  for  conducting  State 
and  county  elections.  But  if,  for  any  reason,  any  judge 
or  clerk  of  election  shall  fail  to  attend,  the  judges  at- 
tending may  appoint  some  competent  person  or  per- 
sons to  act  in  his  or  their  stead. 

169  Poll  Books — Tally  List — Canvass . Sec.  7.  The 
poll  books  and  tally  lists  at  city  elections  shall,  as  near 
as  may  be,  in  all  respects  be  the  same  as  those  of  State 
and  county  elections,  and  the  judges  and  clerks  shall, 
at  the  close  of  the  election,  canvass  the  votes  cast  as 
is,  or  may  be,  required  at  State  and  county  elections, 
and  shall,  within  twenty-four  hours,  return  to  the  city 
clerk  the  poll  books,  tally  lists,  ballots  and  ballot  boxes, 
together  with  a certified  statement  of  the  number  of 
votes  received  by  each  person  for  any  office. 

170  Fees  of  Judges  and  Clerks.  Sec.  8.  Judges  and 
clerks  of  city  elections  shall  receive  $3.00  each  for 
their  services  in  holding  such  elections. 

1 71  Misconduct  of  Judges  and  Clerks — Penalty.  Sec. 
9.  If  the  judges  and  clerks  of  city  elections  shall  wil- 
fully fail,  neglect  or  refuse  to  make  return  of  any  elec- 
tion, as  required  in  the  preceding  section,  or  shall  wil- 
fully make  a false,  untrue  or  incorrect  return  thereof 
with  intent  to  change  the  result,  or  produce  a result 
different  from  the  true  result,  of  such  election,  they 
shall,  on  conviction,  be  fined  not  less  than  fifty  nor 
more  than  two  hundred  dollars  for  each  offense. 

172.  Election  Returns — Clerk  to  Preserve — Abstract — 
Result — Notice.  Sec.  10.  The  city  clerk  shall  carefully 


CITY  OF  CARBONDALE 


8l 


preserve  and  keep  the  election  returns  until  the  city 
council  shall  meet  to  canvass  the  same  and  declare  the 
result,  (which  meeting  of  the  city  council  shall  be  with- 
in five  days  after  the  election),  when  he  shall  publicly 
open  and  make  an  abstract  of  such  returns  in  the  pres- 
ence of  the  city  council;  and  when  such  abstract  is 
made  and  the  result  ascertained,  the  city  council  shall 
declare  the  result  of  such  election,  which  shall  be  en- 
* tered  on  the  journal  of  the  city  council,  and  the  city 
clerk  shall,  within  five  days  therefrom,  give  notice  to 
all  persons  elected  to  office  of  their  election. 

See  R.  S.  Chapter  24,  Article  IV,  Section  12. 

173  Tie — Notice — Determining — Mode  Of.  Sec.  ii. 
In  case  of  a tie  in  the  election  of  any  city  officer  it  shall 
be  the  duty  of  the  city  council  to  cause  to  be  placed  in 
a box  or  some  convenient  place  as  many  ballots  as 
there  are  persons  having  an  even  number  of  votes, 
and  on  only  one  of  the  ballots  shall  be  written  the 
name  and  style  of  the  office  voted  for;  such  persons 
having  an  equal  number  of  votes  shall  each  draw  one 
ballot,  and  the  person  drawing  the  ballot  on  which  the 
name  and  style  of  the  office  is  written  shall  be  declared 
elected.  In  case  any  such  person  or  persons  are  ab- 
sent or  refuse  to  draw  a ballot  as  aforesaid,  the  mayor 
shall  draw  for  such  person  or  persons. 

See  R.  S.  Chapter  24,  Article  IV,  Section  11. 

174  No  Liquor  Sold — Nor  Saloon  Open.  Sec.  12.  No 
spirituous  or  other  intoxicating  liquor  shall  be  sold  or 
given  away  at  retail,  nor  shall  any  saloon,  barromm  or 
place  where  such  liquors  are  sold,  given  away  or  kept, 
be  open  upon  on  any  general  or  special  election  day, 
within  the  limits  of  the  city,  and  whoever  violates  the 
provisions  of  this  section  shall,  on  conviction,  be  fined 
not  less  than  fifty  nor  more  than  two  hundred  dollars. 

175  Illegal  Voting , Etc. — Penalty.  Sec.  13.  Who- 
ever unlawfully  votes,  or  attempts  to  vote,  more  than 
once  at  any  city  election,  or  knowing  that  he  is  not  a 


82 


ORDINANCES  OF  THE 


qualified  voter  wilfully  votes  at  any  city  election,  shall, 
on  conviction,  be  fined  not  less  than  fifty  nor  more  than 
two  hundred  dollars. 

176  Bribery  — Attempting  to  Bribe , Etc . Sec.  14. 
Whoever  wilfully  aids  or  abets  any  person  to  vote  at 
any  city  election  who  is  not  a qualified  voter,  knowing 
him  to  be  such,  or  whoever  by  threats,  violence,  intimi- 
dation, money,  promise  of  money,  favor  or  promise  of 
favor,  endeavors  to  procure  or  influence  any  legally 
qualified  voter  in  a particular  manner,  or  for  any  partic- 
ular person,  contrary'to  the  wishes  and  intents  of  such 
voter,  or  whoever  by  giving  or  offering  to  give  a bribe,  by 
threats,  violence  or  intimidation  endeavors  to  influence 
a legally  qualified  voter  contrary  to  the  wishes  and  in- 
tent of  such  voter,  or  whoever  gives  or  offers  to  give 
to  any  judge  of  any  city  election  any  valuable  thing  as 
a consideration  or  inducement  to  do  or  omit  to  do 
some  particular  thing,  or  as  compensation  for  having 
done  or  omitted  to  do  anything  in  violation  of  his  offi- 
cial duty,  shall,  on  conviction,  be  fined  not  less  than 
fifty  nor  more  than  two  hundred  dollars  for  each  of- 
fense. 

1 77  Accepting  Bribe — Penalty . Sec.  15.  Whoever 
accepts,  receives,  requests  or  demands  anything  forbid- 
den by  the  foregoing  sections  to  be  given  or  offered 
shall,  on  conviction,  be  fined  not  less  than  fifty  nor 
more  than  two  hundred  dollars. 

178.  Contesting  Elections — Election  Void.  Sec.  16. 
The  election  of  any  person  declared  elected  to  any 
office  of  the  city,  except  persons  elected  members  of 
the  city  council,  may  be  contested  by  any  elector  of 
the  city  in  the  manner  provided  in  the  general  laws  of 
the  State  of  Illinois  for  conducting  contested  elections 
in  the  matter  of  county  officers.  Whenever,  as  the  re- 
sult of  any  contested  election,  or  from  any  other  cause, 
an  election  is  declared  void,  the  city  council  shall  im- 
mediately order  a new  election. 


CITY  OF  CARBONDALE 


179  Betting  on  Result — Penalty.  Sec.  17.  Who- 
ever bets  or  wagers  any  money  or  other  valuable  on 
the  result  of  any  city  election;  on  the  number  of  votes 
any  particular  person  or  candidate  will  receive;  or  that 
any  person  or  candidate  will  be  elected,  or  receive  more 
votes  than  any  other,  shall,  on  conviction,  be  fined  not 
less  than  twenty-five  nor  more  than  two  hundred  dol- 
lars in  each  and  every  such  case. 


ARTICLE  II. 


CONTESTING  ELECTIONS. 

t8o  Who  May  Contest — Where  Heard.  Sec.  1.  The 
election  of  any  alderman  may  be  contested  by  any 
elector  of  the  city,  and  the  proceedings  shall  be  in  the 
manner  hereinafter  provided,  as  nearly  as  may  be.  All 
such  contests  shall  be  had  before,  and  be  heard  and 
determined  by,  the  city  council,  and  its  decision  thereof 
is  final. 

City  council  judge  of  its  own  members.  R.  S.  Chapter  24,  Ar- 
ticle VI,  Section  6. 

Contesting  elections  of  other  than  aldermen.  R.  S.  Chapter  46, 
Section  1 12. 

R.  S.  Chapter  24,  Article  IV,  Section  10. 

Brush  vs.  Lemma,  77  111.,  496  ; Linegar  vs.  Rittenhouse,  94  111., 
208;  Young  vs.  Adam,  74  111.,  480. 


18 1 Statement  of  Contest  to  be  Filed — Points  Stated. 
Sec.  2.  When  any  person  shall  desire  to  contest  the 
right  of  another  to  hold  the  office  of  alderman  of  the 
city,  he  shall,  within  fifteen  days  after  the  person  whose 
election  is  contested  is  declared  elected,  file  with  the 
city  clerk  a statement  in  writing,  briefly  setting  forth 


84 


ORDINANCES  OF  THE 


the  points  on  which  he  will  contest  such  election,  which 
statement  shall  be  verified  by  the  affidavit  of  the  con- 
testant or  his  agent  or  attorney. 

182  Statement  to  be  Served — How.  Sec.  3.  Upon 
filing  such  statement  such  contestant  shall  also  serve  a 
copy  thereof  upon  the  person  whose  election  he  intends 
to  contest  within  five  days  after  such  filing,  by  deliver- 
ing the  same  to  such  person,  or  causing  it  to  be  so  de- 
livered, and  in  case  such  person  is  absent  from  the  city, 
or  can  not  be  found  therein,  then  by  leaving  such  copy 
at  his  usual  place  of  residence  or  business  with  some 
person  above  the  age  of  twelve  years;  and  in  all  cases 
proof  of  the  service  of  such  copy  shall  be  made  by  the 
affidavit  of  the  person  serving  the  same. 

183  Council  to  Fix  Time  for  Taking  Testimony — 
Testimony  How  Taken.  Sec.  4.  Within  five  days  after 
the  proper  affidavit  of  the  service  of  the  copy  of  peti- 
tion shall  have  been  filed  with  the  city  clerk  the  city 
council  shall  meet  and  fix  the  time  and  place  for  the 
taking  of  depositions  in  all  cases  where  the  testimony 
of  witnesses  may  be  required,  or  for  the  hearing  of  the 
contest  in  cases  where  such  testimony  is  not  required. 
At  the  time  and  place  appointed  for  the  taking  of  dep- 
ositions either  party  may  proceed  to  take  the  deposi- 
tions of  all  such  witnesses  as  he  may  desire,  the  same 
to  be  taken  in  the  manner  provided  by  law  for  the  tak- 
ing of  depositions  in  cases  in  chancery,  and  the  taking 
of  depositions  may  be  continued  from  day  to  day,  if 
necessary,  until  all  the  testimony  required  shall  have 
been  taken;  provided , the  taking  of  all  the  testimony 
shall  be  concluded  within  fifteen  days  after  the  com- 
mencement of  the  taking  thereof,  and  shall  be  confined 
to  the  points  specified  in  the  petition  as  the  grounds  of 
contest,  and  that  the  contestant  shall  conclude  the  tak- 
ing of  his  testimony  in  chief  within  the  first  six  days, 
and  the  contestee  shall  conclude  the  taking  of  his  tes- 
timony within  the  second  six  days,  and  the  contestant 
shall  have  the  remaining  three  days  within  which  to 
take  such  rebuttal  testimony  as  he  shall  deem  neces- 


CITY  OF  CARBONDALE 


85 


sary.  But  the  parties  may  agree  upon  any  other  order 
for  the  taking  of  testimony  as  they  shall  see  fit. 

Deposition  in  chancery  cases.  R.  S.  Chapter  51,  Sections  24, 
30,  et  seq. 

184  Within  What  Time  Testimony  Filed — Hearing 
by  Coiincil.  Sec.  5.  All  testimony  taken  in  the  case 
shall  be  filed  in  the  office  of  the  city  clerk  within  three 
days  after  the  conclusion  of  the  taking  of  the  same,  and 
the  city  clerk  shall,  at  the  next  regular  meeting  of  the 
council  thereafter,  lay  the  same  before  the  council,  and 
the  council  may  refer  the  same  to  a committee  for  ex- 
amination and  report  thereon,  or  proceed,  without  such 
reference,  to  hear  the  case,  but  shall  determine  the 
same  without  delay,  and  by  a majority  vote,  upon  call 
of  the  “yeas”  and  “nays,”  declare  as  elected  the  person 
who  shall,  from  the  evidence,  appear  to  have  been 
elected;  and  the  city  clerk  shall  enter  such  decision 
upon  the  journal  of  the  council. 

185  Rights  of  Parties  to  the  Contest.  Sec.  6.  In  all 
cases  of  contested  elections  the  parties  to  the  contest 
shall  have  the  right  to  have  the  package  or  packages 
of  returns,  which  have  been  returned  to  the  city  clerk 
in  pursuance  of  law,  opened  in  the  presence  of  the  city 
council,  or  a committee  thereof,  and  of  the  officer  hav- 
ing the  custody  of  such  returns,  and  to  have  said  re- 
turns examined. 

186  Returns  of  Elections , htc..  Preserved.  Sec.  7. 
The  city  clerk  shall  carefully  preserve  all  returns  of 
elections,  including  the  ballots  cast  at  such  election,  for 
a period  of  at  least  six  months  after  having  been  re- 
ceived by  him,  and  shall  not  allow  the  packages  con- 
taining the  returns  to  be  opened  or  examined  by  any 
person,  except  in  pursuance  of  the  preceding  section, 
or  of  some  law  of  this  State;  and  in  cases  of  contested 
elections  he  shall  also  carefully  preserve  all  depositions 
and  all  documents  returned  to  and  filed  with  him,  and 
shall  not  allow  the  same  to  be.  taken  from  his  office  by 
any  person  whomsoever,  or  to  be  examined  or  handled 
by  any  person  except  in  his  presence. 


86 


ORDINANCES  OF  THE 


CHAPTER  XIII. 


FEES  AND  SALARIES. 


ARTICLE  I. 


187  Salary  of  Mayor — Payment.  Section  i.  The 
mayor  of  this  city  shall  receive  a salary  of  two  hundred 
dollars  per  annum  out  of  the  city  treasury,  payable 
quarterly. 

188  Aldermen.  Sec.  2.  Every  alderman  shall  re- 
ceive the  sum  of  three  dollars  out  of  the  city  treasury 
for  each  regular,  and  two  dollars  for  any  other,  meeting 
of  the  city  council  actually  and  bona  fide  attended  by 
him.  The  compensation  of  aldermen  shall  be  payable 
at  the  same  time  as  the  salary  of  the  mayor. 

Authority  for  paying  aldermen.  R.  S.  Chapter  24,  Article  VI, 
Section  14. 

189  City  Clerk.  Sec.  3.  The  city  clerk  shall  receive 
a salary  of  four  hundred  dollars  per  annum,  payable 
monthly,  the  city  furnishing  office,  fuel,  lights,  station- 
ery and  postage  for  the  use  of  the  office;  in  addition 
thereto  he  shall  receive  the  fees  now  allowed  him  by 
existing  ordinances. 

190  City  Attorney.  Sec.  4.  The  city  attorney  shall 
be  allowed  in  every  case  before  the  police  magistrate 


CITY  OF  CARBONDALE 


87 


or  any  justice  of  the  peace  for  the  recovery  of  a 
penalty  for  the  violation  of  any  ordinance  or  ordi- 
nances of  the  city,  and  where  judgment  is  rendered  in 
favor  of  the  city  on  a plea  of  guilty  or  otherwise,  an 
attorney’s  fee  of  three  dollars,  to  be  allowed,  taxed 
and  collected  as  part  of  the  costs.  And  in  case  any 
suit  be  taken  by  appeal  to  the  county  or  circuit 
court  and  there  tried  by  him  and  judgment  rendered 
in  favor  of  the  city,  he  shall  be  allowed  a conviction 
fee  of  ten  dollars,  which  fee  shall,  in  all  cases,  be 
allowed,  taxed  and  collected  as  part  of  the  costs.  For 
written  opinions  furnished  the  city  council,  ordinances 
drawn  by  him,  written  reports  in  matters  referred  to 
him  and  other  legal  services  required  of  him  by  the 
city  council  or  any  of  its  committees,  and  for  all  suits 
and  proceedings  in  which  he  shall  appear  to  which  the 
city  may  be  a party,  other  than  hereinbefore  specified, 
and  for  all  other  legal  services  performed  by  him  he 
shall  be  allowed  fair  and  reasonable  fees. 

Compensation  of  other  officers.  R.  S.  Chapter  24,  Article  VI, 
Section  15. 

Payment  of  fees  and  costs.  R.  S.  Chapter  53,  Section  40,  last 
clause. 


191  Day  Marshal.  Sec.  5.  The  day  marshal  shall 
teceive  a salary  of  fifty  dollars  per  month,  payable 
monthly,  and  in  addition  he  shall  receive  the  fees  now 
allowed  him  by  existing  ordinances. 

Compensation  of  other  officers.  R.  S.  Chapter  24,  Article  VI, 
Section  15. 


192  Street  Commissioner.  Sec.  6.  The  street  com- 
missioner shall  receive  a salary  of  fifty  dollars  per 
month  for  each  month  of  actual  service  rendered. 

Compensation  of  other  officers.  R.  S.  Chapter  24,  Article  VI, 
Section  15. 


ORDINANCES  OF  THE 


88 


1 93  City  Treasurer.  Sec.  7.  The  city  treasurer 
shall  receive  a compensation  not  to  exceed  two  per 
cent,  upon  all  moneys  received  and  held  by  him  in  his 
official  capacity. 

See  note  to  preceding  section. 

194  City  Jailer.  Sec.  8.  The  city  jailer  shall  be 
allowed  to  demand  and  receive  forty-five  cents  per  day 
as  board  for  each  and  every  day  he  furnishes  a prisoner 
or  prisoners  with  good  but  plain  and  wholesome  food 
and  drink;  all  of  which  fees  shall  be  paid  by  the  pris- 
oner; but  if  such  person  committed  is  unable  to  pay  for 
necessaries  in  the  way  of  food,  drink,  clothing,  etc.,  the 
fee  thereof  shall  be  paid  to  the  city  jailer  by  the  city, 
but  in  no  event  shall  other  than  absolutely  necessary 
supplies  be  paid  for  by  the  city.  And  the  city  jailer 
shall  receive  any  further  fees,  compensation,  allowances 
or  salary  as  may  be  provided  by  law  or  ordinance. 

195  Night  Marshal.  Sec.  9.  The  night  marshal 
shall  receive  a salary  of  fifty  dollars  per  month,  and  in 
addition  he  shall  receive  the  fees  now  allowed  him  by 
existing  ordinances. 

Compensation  of  other  officers.  R.  S.  Chapter  24,  Article  VI, 
Section  15. 

196  Sexton.  Sec.  10.  The  sexton  shall  receive  for 
his  services  such  sums  and  in  such  manner  as  may  from 
time  to  time  be,  by  resolution  or  order  of  the  council, 
fixed  and  determined;  but  such  compensation  shall  not 
be  increased  or  diminished  during  the  term  for  which 
he  may  be,  or  have  been,  appointed. 

197  How  Salaries  Paid.  Sec.  it.  All  salaries  of 
officers  of  this  city,  and  all  fees  payable  out  of  the  city 
treasury,  shall  be  paid  by  warrant  or  order  drawn  upon 
the  city  treasury. 


CITY  OF  CARBONDALE 


89 


CHAPTER  XIV. 


FRANCHISES. 


198  Conditions  of  Application  For — Notice , Etc. 
Section  i.  No  application  to  the  city  council  for  any 
franchise  or  special  privilege  to  use  the  streets,  alleys, 
public  ways  or  other  public  property  of  the  city  for  the 
purpose  of  maintaining  therein  or  thereupon  any  horse, 
dummy,  electric,  cable,  or  other  railroad,  or  any  tele- 
graph, telephone,  electric  light  or  other  wire,  or  to  lay 
any  gas  pipe,  water  pipe  or  other  conduit,  or  any  appli- 
cation for  a franchise  or  privilege  for  any  other  purpose 
for  which  the  city  council  has  or  may  have  power  or 
authority  to  grant  a franchise,  or  privilege,  shall  here- 
after be  entertained  by  the  city  council,  nor  shall  any 
such,  or  any  other,  franchise  or  privilege  be  granted  by 
the  city  council,  unless  or  until  the  applicant  or  appli- 
cants for  such  franchise  or  privilege  shall  have  given 
at  least  twenty  days’  notice  of  such  application,  particu- 
larly specifying  therein  the  nature  or  character  of  the 
franchise  or  privilege  to  be  applied  for,  the  names  of 
every  person,  company,  corporation  or  firm  interested 
therein,  and  the  date  when  the  application  will  be  made; 
and  such  notice  must  be  regularly  published  in  every 
issue  and  edition  of  some  newspaper  from  the  date  of 
its  first  insertion  until  the  date  of  the  application;  and 
the  city  council  shall  not  grant  any  such  franchise  or 
privilege  without  requiring  the  payment  by  the  grantee 
or  beneficiary  thereof  of  a fair  and  reasonable  license, 
tax  or  compensation  to  the  city  for  the  exercise  of  such 
franchise  or  privilege. 

Franchise  defined.  Bouv.  Law  Die.  under  “Franchise.”  Ry. 
Co.  vs.  People,  73  111.,  541. 

Legislature  can  not  grant.  Constitution,  Article  IV,  Section  22. 


go 


ORDINANCES  OF  THE 


CHAPTER  XV. 


FIRE  DEPARTMENT. 


Article  I.  Fire  Limits  and  Build- 
ings. 


Article  II.  Fires  and  Fire  Com- 
pany. 


ARTICLE  I. 


FIRE  LIMITS  AND  BUILDINGS. 

199  Fire  Limits.  Section  i.  All  the  territory  within 
the  limits  of  this  city  embraced  and  included  within  the 
following  boundaries  shall  constitute  and  be  known  as 
the  fire  limits,  to-wit:  That  territory  bounded  on  the 
north  by  Oak  street,  on  the  east  by  Marion  street,  on 
the  south  by  Walnut  street,  on  the  West  by  Normal 
avenue. 

Power  to  prescribe  fire  limits,  R.  S.  Chapter  24,  Article  V,  Sec- 
tion I,  clause  62. 

200  Fire  Limits — What  Inducted  In.  Sec.  2.  On 
lots  numbers  25  and  26;  numbers  30  to  37,  inclusive; 
numbers  40  and  41;  numbers  131  to  136,  inclusive;  num- 
bers 146  to  130,  inclusive;  numbers  153  to  160,  inclusive; 
numbers  162  to  168,  inclusive;  numbers  138,  5 and  6 of 
the  territory  mentioned  in  section  1,  no  structure  or 
building  of  any  kind  or  description  shall  be  erected  or 
constructed  unless  the  outside  and  party  walls  thereof 
shall  be  composed  of  brick,  stone,  iron  or  other  incom- 
bustible material;  and  all  buildings  which  shall  or  may 
be  erected  or  constructed  within  said  limits  shall  have 
outside  walls  not  less  than  one  foot  in  thickness,  and  if 


CITY  OF  CARBONDALE 


91 


any  building  shall  be  more  than  two  stories  high  above 
the  basement  the  outside  walls  of  the  first  story  and 
basement  shall  not  be  less  than  sixteen  inches  in  thick- 
ness, and  the  walls  above  the  first  story  shall  not  be 
less  than  twelve  inches  in  thickness,  and,  with  the  ex- 
ception of  the  rear,  shall  extend  at  least  eighteen  inches 
above  the  roof;  and  in  the  remainder  of  the  territory 
included  within  the  fire  limits,  exclusive  of  the  lots 
enumerated  in  this  section,  no  building  or  structure  of 
any  kind  or  description  shall  be  erected  or  constructed 
unless  the  outside  and  party  walls  thereof  shall  be  com- 
posed of  brick,  stone,  iron  or  other  incombustible  ma- 
terial, unless  permission  so  to  do  shall  be  given  by  the 
city  council.-  Provided , that  any  wooden  structure  or 
building  not  exceeding  eight  feet  square  and  twelve 
feet  high  may  be  erected  within  the  fire  limits. 

201  Repair  of  Buildings  Within.  Sec.  3.  No 
wooden  building  or  part  of  any  wooden  building  within 
said  fire  limits  shall  be  raised  or  enlarged,  nor  shall 
any  wooden  building  or  part  of  any  wooden  building 
within  the  fire  limits  be  removed  to  any  other  place 
within  said  limits,  nor  shall  any  such  building  be  re- 
moved into  the  fire  limits,  nor  shall  any  wooden  build- 
ing within  the  fire  limits  which  may  become  damaged 
to  the  extent  of  fifty  per  cent,  of  the  value  thereof  by 
fire  or  other  casualty  be  repaired  or  rebuilt;  nor  shall 
any  such  building,  when  the  damage  thereto  is  less  than 
fifty  per  cent,  of  its  value,  be  so  repaired-so  as  to  be  in 
better  condition  or  state  of  repair  than  before  such 
damage,  or  to  occupy  greater  space  than  before  the  in- 
jury thereto;  and  the  extent  of  the  damage  that  may 
be  done  to  any  such  building  by  fire  or  other  casualty 
shall  be  determined  by  three  uninterested  citizens  of 
the  city,  one  of  whom  shall  be  selected  by  the  owner  of 
the  building  or  his  agent,  one  by  the  mayor,  and  the 
two  chosen  shall  select  a third,  and  the  decision  of  the 
persons  so  chosen  shall  be  final  and  conclusive.  The 
fees  of  each  referee  shall  be  one  dollar,  to  be  paid  by 
the  owner  of  the  building. 

R.  S.  Chapter  24,  Article  V,  Section  1,  Clause  62. 


92 


ORDINANCES  OF  THE 


202  Penalty.  Sec.  4.  Whoever  shall  violate  the 
provisions  of  sections  2 and  3 of  this  chapter,  or  any  of 
the  same,  shall,  on  conviction,  be  fined  not  less  than 
ten  nor  more  than  one  hundred  dollars. 

203  Nuisance  — Proceeding,  Etc.  Sec.  5.  Any 
wooden  building  or  part  of  any  wooden  building  which 
may  be  erected,  enlarged,  removed  or  repaired  con- 
trary to  the  provisions  of  this  chapter  shall  be  deemed 
a nuisance,  and  upon  information  of  such  violation  the 
mayor  shall  give  due  and  reasonable  notice  to  the 
owner  or  builder  thereof  to  remedy,  abate  or  remove 
the  same,  or  such  part  thereof  as  may  be  necessary, 
and  upon  his  failure  to  comply  with  said  notice  the 
mayor  shall,  by  an  order  in  writing,  require  the  city 
marshal  to  remove  or  tear  down  such  building,  or  such 
part  thereof  as  may  be  necessary,  and  any  one  of  the 
city  marshals  shall  execute  the  order  of  the  mayor,  and 
shall  report  the  costs  and  expenses  of  such  removal, 
upon  oath,  to  the  city  council  for  allowance,  and  such 
costs  and  expenses  may  be  collected  of  the  owner  or 
builder  of  any  such  building  liable  therefor  by  suit  in 
the  name  of  the  city  before  any  court  having  juris- 
diction. 

R.  S.  Chapter  24,  Article  V,  Section  1,  Clause  75. 

Ordinance  directing  city  marshal  to  remove  prohibited  structure 
sustained. — King  vs.  Davenport,  98  111.,  305. 

204  Combustible  Material  Prohibited.  Sec.  6.  No 
person  shall,  without  the  consent  in  writing  of  the 
mayor,  throw,  place,  pile  or  deposit  within  the  fire  lim- 
its of  said  city  any  wood,  lumber,  timber,  hay,  straw  or 
other  combustible  material  so  as  to  endanger  any 
building  by  the  burning  thereof,  and  any  person  so 
offending  shall,  on  conviction,  be  fined  not  less  than 
five  nor  more  than  twenty-five  dollars  for  each  offense, 
and  a further  fine  of  ten  dollars  for  every  twenty-four 
hours  he  allows  the  same  to  remain  after  notice  from 
the  mayor  or  any  of  the  city  marshals  to  remove  the 
same. 

R.  S.  Chapter  24,  Article  V,  Section  1,  Clause  93. 


CITY  OF  CARBONDALE 


93 


205  Combustibles  on  Own  Premises — Penalty.  Sec. 
7.  No  person  shall,  without  the  fire  limits  of  said  city, 
place,  pile  or  throw  any  wood,  lumber,  timber,  hay, 
straw  or  other  combustible  material  into  any  lot,  street 
or  alley,  or  on  his  own  premises  contiguous  to  and  so 
as  to  endanger  the  buildings  or  property  of  other  per- 
sons, and  any  person  so  offending  shall,  on  conviction, 
be  fined  not  less  than  three  nor  more  than  twenty-five 
dollars,  and  a further  fine  of  five  dollars  per  day  for 
each  day  he  shall  allow  the  same  to  remain  after  notice 
by  the  mayor  or  any  one  of  the  city  marshals  to  remove 
or  abate  the  same. 

206  Chimneys — Openings  in  Walls  for  Stovepipes — - 
How  Arranged.  Sec.  8.  All  fines  or  chimneys  shall 
be  built  of  brick  or  stone,  well  laid  in  lime  mortar  and 
smoothly  plastered  on  the  inside.  The  holes  for  the 
insertion  of  stovepipe  shall  be  made  of  an  iron,  stone 
or  earthenware  thimble  inserted  into  the  flue;  and  when 
not  in  use  and  the  chimney  is  being  used,  such  holes 
shall  be  stopped  with  a tin  or  zinc  stopper  with  a flange 
of  at  least  one  inch  outside  of  the  flue  or  chimney. 

207  Stove — Not  At  ear  Woodwork,  Etc.  Sec.  9.  No 
person  shall  set  up  or  use  an}/  stove,  the  top  or  any  side 
of  which  shall  be  within  eighteen  inches  of  any  wood- 
work of  any  wall  or  partition  without  protecting  such 
woodwork  by  a good,  substantial  covering  of  zinc,  tin 
or  iron,  and  in  no  case  shall  any  such  stove  be  within 
ten  inches  of  any  woodwork. 

R.  S.  Chapter  24,  Article  V,  Section  1,  Clause  63. 

208  Stovepipe , Etc. — How  Arranged.  Sec.  10.  All 
stovepipes  shall  be  securely  put  up,  and  in  all  cases 
where  any  pipe  passes  or  projects  through  the  wood- 
work or  roof  of  any  building  the  pipe  shall  be  separated 
from  such  woodwork  or  roof  at  least  three  inches  by  a 
double  circle  of  tin  or  zinc,  connected  with  like  metal, 
with  airholes  through  the  connecting  metal  to  allow 
the  free  circulation  of  air,  and  when  any  pipe  passes 
through  the  roof  it  shall  project  at  least  four  feet. 


94 


ORDINANCES  OF  THE 


209  Penalty.  Sec.  ii.  Whoever  shall  offend  against 
the  provisions  or  requirements  of  the  foregoing  sec- 
tions 6,  7,  8,  9 and  10,  or  any  of  the  same,  or  shall,  in 
this  city,  wilfully  give  or  make  an)*  false  alarm  of  fire, 
shall,  on  conviction,  be  fined  not  less  than  five  nor  more 
than  one  hundred  dollars  for  each  and  every  offense. 


ARTICLE  II. 


FIRES  AND  FIRE  COMPANY. 

210.  Section  i.  The  Carbondale  hose  company 

is  hereby  authorized  to  take  charge  of,  man,  equip  and 
control  the  fire  apparatus  of  the  city,  subject  to  the  or- 
ders of  the  mayor  of  the  city,  and  to  properly  house 
any  and  all  fire  apparatus  of  this  city;  and,  in  addition, 
said  company  is  to  supply  fire  engine  with  any  and  all 
chemicals  or  other  things  that  may  be  necessary  to  use 
in  extinguishing  any  fire.  As  compensation  for  such 
service,  the  Carbondale  hose  company  shall  receive 
the  sum  of  two  hundred  dollars  annually,  payable  quar- 
terly, which  payment  shall  be  made  to  said  company, 
however,  on  the  following  conditions:  That  the  mem- 

bership of  said  Carbondale  hose  company  shall  not  be 
less  than  fifteen  active  members;  that  they  shall  also 
keep  the  fire  engine  and  any  and  all  other  fire  appara- 
tus of  said  city  in  perfect  working  order  at  all  times; 
they  shall  also  keep  the  fire  hose,  hose  cart  and  other 
fire  apparatus  in  safe  and  perfect  order  and  well  pro- 
tected at  all  times.  They  shall  also  meet  and  practice 
at  least  once  a month. 

2 11.  Sec.  2.  All  members,  residents  within  the 
limits  of  the  city,  of  any  fire  company,  not  exceeding 
twenty  in  number,  bona  fide  organized  and  existing 


CITY  OF  CARBONDALE 


95 


within  the  city,  whether  voluntary  or  otherwise,  shall 
be  exempt  from  all  street  labor  and  from  serving  on  all 
juries  before  the  police  magistrate  or  any  justice  of  the 
peace  in  city  cases;  provided , a roll  or  list  of  the  actual 
members  of  such  fire  company,  residents  within  the 
city  limits,  be  filed  in  the  office  of  the  city  clerk,  and 
the  proper  officers  of  such  company  notify  the  city  clerk 
from  time  to  time  of  changes  in  the  membership  there- 
of; and  provided , further , that  such  exemption  shall 
not  extend  to  any  person  who  wilfully  fails,  neglects  or 
refuses  to  respond  to  any  call  for  assistance  in  case  of 
fire,  or  who  wilfully  fails,  refuses  or  neglects  to  meet 
and  discharge  any  legal  and  reasonable  assessment  or 
requirement  imposed  by  the  company. 

212.  Sec.  3.  Whoever,  within  the  limits  of  the 
city,  shall  wilfully  or  carelessly  break  or  otherwise  in- 
jure, or  shall  carry  away,  or  misplace,  any  fire  engine, 
ladder,  hose,  bucket  or  other  implement  or  thing  be- 
longing to  the  city,  or  to  any  fire  engine  of  the  city,  or 
of  any  recognized  fire  company  existing  in  the  city, 
shall,  on  conviction,  be  fined  in  any  sum  not  less  than 
three  nor  more  than  two  hundred  dollars. 

213  Sec.  4.  Whoever,  within  the  limits  of  the  city, 
shall  wilfully,  maliciously  or  heedlessly  drive,  pull  or 
push  any  wagon,  cart  or  other  vehicle  or  thing  against, 
upon  or  over  any  hose,  engine  or  other  apparatus  be- 
longing to  any  enginq,  hose  cart,  hook  and  ladder,  or 
other  implement  being  used  for  the  extinguishment  of 
fire,  or  shall  wilfully  hinder,  disturb  or  obstruct  the  free 
locomotion  or  progress  of  any  engine,  hose  cart,  hook 
and  ladder,  or  other  implement  for  the  extinguishing 
of  fire,  while  going  to  or  actively  engaged  in  the  sup- 
pression of,  or  returning  from,  any  fire,  shall,  on  con- 
viction, be  fined  not  less  than  five  nor  more  than  two 
hundred  dollars;  and  for  a second  violation  of  the  pro- 
visions of  this  section  the  offender  shall,  on  conviction, 
be  fined  not  less  than  twenty-five  nor  more  than  two 
hundred  dollars. 


96 


ORDINANCES  OF  THE 


CHAPTER  XVI. 


HEALTH. 


214  Board  of — Who  Constitute—  Powers*  Section  i. 
The  mayor,  city  clerk  and  eight  citizens  who  are  legal 
voters  of  this  city,  two  of  whom  shall  be  physicians  who 
are  residents  of  said  city,  to  be  appointed  by  the  mayor, 
by  and  with  the  advice  and  consent  of  the  city  council, 
shall  constitute  a board  of  health;  the  mayor  shall  be 
chairman  and  the  city  clerk  shall  perform  the  duties  of 
clerk  of  said  board.  The  board  of  health  shall  have 
power  at  all  times  to  make  and  enforce  all  necessary 
rules,  orders  and  regulations  to  prevent  the  introduc- 
tion, or  check  the  progress  of,  contagious,  infectious, 
pestilential  or  malignant  diseases  within  the  limits  of 
city  and  area  of  territory  contiguous  to  and  surround- 
ing the  city,  as  the  city  authorities  may,  for  the  purpose 
of  health,  be  given  by  law  supervision  or  control  over; 
and  for  this  purpose  said  board  shall  have  charge  of  all 
matters  pertaining  to  quarantine,  and  power  to  shut  up 
any  house  or  place  where  any  infected  person  may  be, 
and  cause  notices  of  warning  to  be  put  and  kept  thereon 
for  and  during  such  time  as  may  in  the  judgment  of  the 
board  be  expedient  or  necessary  for  the  public  health  of 
said  city;  or  they  may  cause  any  such  person  to  be  re- 
moved to  any  pest  house  within,  or  not  exceeding  five 
miles  without,  the  limits  of  the  city,  at  the  expense  of 
such  person,  if  of  sufficient  ability  to  pay,  and  if  not, 
at  the  expense  of  the  city. 

Extent  of  Jurisdiction.  R.  S.  Chapter  24,  Article  III,  Section  16. 

Power  to  appoint  board  of  health.  R.  S.  Chapter  24,  Article  V, 
Section  1,  Clauses  76,  78. 


CITY  OF  CARBONDALE 


97 


215  Further  Powers — Hospitals — Costs.  Sec.  2.  The 
board  of  health  shall  also  have  power,  when  in  their 
judgment  the  safety  and  preservation  of  the  health  of 
the  city  demand  it,  to  establish  and  maintain  suitable 
places  as  hospitals,  to  employ  necessary  medical  attend- 
ants and  nurses  for  such  hospitals  and  make  necessary 
rules  and  regulations  in  relation  thereto  and  for  the 
government  thereof,  the  expense  thus  incurred  to  be 
paid  out  of  the  city  treasury. 

Power  to  establish  hospitals,  etc.  R.  S.  Chapter  24,  Article  V, 
Section  1,  Clause  77. 

216  Further  Powers — Cleansing  of  Premises.  Sec.  3. 
The  board  of  health  shall  also  have  power  to  visit  and 
inspect,  in  day  time,  all  houses  and  premises  within  the 
limits  of  the  city,  or  such  territory  without  the  limits  of 
the  city  as  the  city  authorities  may,  for  the  purpose  of 
health,  have  control  over,  and  make  and  enforce  neces- 
sary orders  for  the  cleansing  and  purifying  the  same. 

217  City  Marshals — Duties — Clerk  to  Record , Etc. 
Sec.  4.  The  city  marshals,  all  constables  and  other 
peace  officers  within  the  city  shall  execute  all  rules  and 
orders  made  by  the  board  of  health  when  directed  by 
the  board  so  to  do;  and  the  city  clerk  shall  attend  all 
meetings  of,  and  keep  a complete  record  of  all  doings 
of,  the  board  of  health,  which  record  shall  be  by  him 
submitted  to  the  city  council  whenever  the  city  council 
so  require. 

218  Penalty.  Sec.  5.  Whoever  shall  wilfully  fail, 
neglect  or  refuse  to  obey  or  execute  any  reasonable 
order,  rule  or  regulation  made  by  the  city  board  of 
health  shall,  on  conviction,  be  fined  not  less  than  three 
nor  more  than  one  hundred  dollars. 

219  Diseased  Person  Abroad — Penalty.  Sec.  6.  Any 

person  having,  or  having  had,  any  contagious  or  infec- 
tious disease  who  shall  go  about  the  city  or  any  public 
place  therein  before  he  or  she  shall  be  so  far  recovered 
as  that,  in  the  judgment  of  a competent  physician  the 


ORDINANCES  OF  THE 


98 


health  of  other  persons  or  of  the  public  will  not  be  en- 
dangered by  such  going  about,  shall,  on  conviction,  be 
fined  not  less  than  five  nor  more  than  fifty  dollars. 

220  Dress  Changed, — Penalty — Physician  to  Report 
What — Penalty . Sec.  7.  Any  person  attending  as  nurse 
or  physician  upon  any  patient  sick  of  the  small  pox, 
cholera  or  other  like  infectious  disease  who  shall  go 
about  the  city  or  any  public  place  therein  without  first 
having  changed  his  or  her  apparel  and  used  proper  dis- 
infectants after  leaving  such  patients,  shall,  on  convic- 
tion, be  fined  not  less  than  five  nor  more  than  fifty 
dollars.  And  every  physician  called  to  attend  any  such 
patient  shall  forthwith  report  the  fact  that  such  patient 
is  so  sick  to  the  city  board  of  health  under  penalty  for 
a failure  to  do  so  of  not  less  than  three  nor  more  than 
fifty  dollars. 

221  Wearing  Apparel , Etc. — What  Destroyed — Ap- 
praisement— Compensation.  Sec.  8.  The  city  board  of 
health  may  order  that  any  wearing  apparel,  bedding  or 
other  articles  deemed  to  be  infected  with  any  contagious 
or  infectious  disease,  or  liable  to  induce  the  spreading 
of  such  disease,  shall  be  destroyed  or  buried,  first 
making  an  appraisement  thereof  for  the  purpose  of 
making  just  compensation  therefor. 

222  Further  Powers  of  Board— Cleansing  of  Streets. 
Sec.  9.  The  board  of  health  may  at  any  time  obtain 
the  advice  of,  or  when  in  their  judgment  the  sanitary 
condition  of  the  city  or  the  preservation  of  the  public 
health  demands  it,  employ  a competent  physician  and 
may  make  and  enforce  all  necessary  rules,  orders  and 
regulations  concerning  the  cleansing  and  purification  of 
streets,  alleys,  public  buildings  and  places  within  the 
limits  of  the  city. 

223  Unwholesome  Articles  Prohibited — Penalty.  Sec. 
10.  The  board  of  health  may  also,  when  the  safety  or 
preservation  of  the  public  health  demands  it,  prohibit 
the  bringing  into  the  city,  or  sale  or  giving  away  or  use 


CITY  OF  CARBONDALE 


99 


within  the  limits  of  the  city,  of  any  articles  of  food  or 
other  articles  or  things  deemed  noxious  to  or  liable  to 
endanger  health,  or  to  induce  the  introduction  or  spread 
of  disease;  and  any  person  who  shall  wilfully  violate  or 
fail,  neglect  or  refuse  to  obey  any  such  order  shall,  on 
conviction,  be  fined  not  less  than  five  nor  more  than  one 
hundred  dollars. 


CHAPTER  XVII. 


CITY  JAIL  AND  JAILER. 


224.  City  Jail  — Location  Of.  Section  i.  The 
buildings  and  inclosure  which  now  are  or  may  be  here- 
after erected,  situated  upon  regular  lot  number  seven 
hundred  and  twenty-four  (724)  in  the  city  of  Carbon- 
dale,  Illinois,  are  hereby  constituted  and  established  as 
a city  jail,  for  the  confinement  and  safe  keeping  of  all 
persons  who  may  be  legally  committed  thereto  by  any 
police  magistrate  or  justice  of  the  peace,  or  other  proper 
officer,  for  any  violation  of  the  laws  or  ordinances  of 
the  city,  or  for  the  non-payment  of  any  fine  or  penalty 
legally  adjudged  against  such  persons  by  any  magis- 
trate or  other  competent  court.  And  the  city  jailer 
shall  have  the  use  and  occupation  for  his  own  family, 
during  his  continuance  in  office,  of  the  buildings  and 
rooms  comprising  the  jailer’s  apartments  of  the  said 
jail  premises,  and  shall  not  be  required  to  pay  any  rent 
therefor.  And  the  city  shall  also  furnish  him  with  all 
necessary  fuel  for  use,  both  in  the  city  jail  and  the  jail- 
er’s apartments,  free  of  charge. 


IOO 


ORDINANCES  OF  THE 


225  Office  Created — Term  of  Office.  Sec.  2.  There 
is  hereby  created  the  office  of  city  jailer,  or  keeper  of 
the  city  prison  and  workhouse.  He  shall  hold  his  office 
for  a term  of  one  year  and  until  his  successor  shall  be 
duly  appointed  and  qualified. 

226  How  and  When  Appointed — Oath — Bond.  Sec. 
3.  The  city  jailer  shall  be  appointed  by  the  mayor,  by 
and  with  the  advice  and  consent  of  the  city  council,  at 
the  first  regular  meeting  of  the  city  council  in  May  of 
each  year.  Before  entering  upon  the  duties  of  his 
office  he  shall  take  the  oath  prescribed  by  law,  and 
shall  execute  a bond  to  the  corporation  in  the  penal 
sum  of  one  thousand  dollars,  with  such  sureties  as  the 
city  council  shall  approve,  conditioned  for  the  faithful 
discharge  of  the  duties  of  his  office. 

227  Shall  Be  Ex-Officio  Policeman — Other  Duties. 
Sec.  4.  The  city  jailer  shall  be,  ex  officio , a city  marshal, 
and  shall  possess  the  same  powers  as  other  city  mar- 
shals. He  shall  reside  in  the  portion  of  the  city  set 
apart  for  the  city  jailer  and  shall  have  the  charge,  cus- 
tody and  keeping  of  the  jail  and  of  the  grounds  and 
appurtenances  belonging  thereto  and  of  all  persons 
legally  committed  thereto  or  confined  therein,  under 
the  direction  and  supervision  of  the  mayor  and  city 
council.  He  shall  attend  at  the  jail  regularly,  and, 
when  required,  shall  receive  into  his  custody  and  safe 
keeping  and  confine  therein  all  persons  who  may  be 
legally  committed  to  his  custody  or  charge  by  any 
proper  officer,  police  magistrate  or  justice  of  the  peace, 
until  they  shall  be  legally  taken  or  discharged  there- 
from. He  shall  furnish  to  all  persons  who  may  be  con- 
fined or  kept  in  the  prison  under  his  charge  (when  the 
person  himself  shall  not  do  so),  at  proper  times,  suit- 
able, necessary  and  plain,  wholesome  food  and  drink, 
and  comfortable  bedding. 

228  Shall  Receive  Prisoners , Etc. — Rate  Per  Day  to 
Discharge.  Sec.  5.  When  any  person  shall  be  com- 
mitted by  order  of  any  police  magistrate,  justice  of  the 


CITY  OF  CARBONDALE 


OI 


peace  or  other  competent  court  for  the  non-payment 
of  any  fine,  penalty  or  forfeiture  adjudged  against  him, 
and  has  no  goods  or  chattels  out  of  which  .the  judg- 
ment and  execution  against  him  can  be  collected,  the 
police  officer  having  charge  of  the  execution  shall  de- 
liver such  person,  with  a copy  of  the  execution,  and 
with  the  amount  of  the  fine  or  penalty  and  costs  ad- 
judged against  him,  into  the  custody  of  the  city  jailer, 
who  shall  receive  such  person  and  receipt  for  him  to 
the  officer  upon  the  execution  retained  by  him,  and 
shall  enter  in  the  book  kept  for  that  purpose  the  date 
and  amount  of  the  fine  and  costs  and  the  number  of 
days  which  the  person  will  be  required  to  be  confined 
in  order  to  discharge  the  same  at  the  rate  of  fifty  cents 
per  day. 

229  May  Cause  Prisoners  to  Labor  — Refusal  Of — 
Penalty.  Sec.  6.  The  city  jailer  may  require  any  per- 
son lawfully  committed  to  his  custody  for  any  violation 
of  the  laws  or  ordinances  of  the  city  to  perform  such 
manual  labor  as  his  or  her  strength  will  permit,  within 
or  without  the  prison,  for  not  exceeding  ten  hours  each 
working  day,  and  in  such  manner  as  the  city  jailer  or 
street  commissioner  may  direct;  and  it  such  person 
shall  refuse  to  labor  when  required,  or  refuse  the  law- 
ful commands  of  the  city  jailer  or  other  officer,  or  shall 
resist  or  attempt  to  escape,  he  shall  not  be  entitled  to 
any  credit  on  his  fine  or  judgment  until  he  shall  consent 
to  labor,  and  if  he  shall  escape  he  shall  forfeit  the  whole 
amount  credited  or  paid  on  his  fine  by  imprisonment, 
and  if  retaken  shall  serve  out  the  entire  amount  of  the 
fine  and  costs  for  which  he  was  originally  committed. 

230  Shall  Keep  Record  oj  Prisoners.  Sec.  7.  The 
city  jailer  shall  keep  a record,  in  which  he  shall  register 
the  name  of  each  person  committed  to  or  confined 
therein,  the  offense  for  which  such  person  was  com- 
mitted, the  time  when  and  by  what  officer  committed, 
the  date  and  manner  of  discharge,  and  by  what  author- 
ity discharged;  and  he  shall  carefully  preserve  the  orig- 
inal (if  left  with  him)  or  a copy  of  each  execution,  mit- 
timus or  warrant  of  commitment. 


102 


ORDINANCES  OF  THE 


231  No  Authority  to  Discharge  Prisoners — Liability 
and  Penalty.  Sec.  8.  The  city  jailer  shall  not  release 
or  discharge  any  person  committed  to  his  custody,  ex- 
cept according  to  law,  and  if  he  shall  release  or  dis- 
charge any  person  committed  into  his  custody  without 
proper  warrant  of  law,  or  shall  wilfully  suffer  or  permit 
such  person  to  escape,  he  shall  be  liable  for  the  full 
amount  of  the  fine  and  costs  due  from  such  person  at 
the  time  of  his  escape  and  to  an  additional  penalty7  of 
not  less  than  three  nor  more  than  one  hundred  dollars, 
and  may  be  removed  from  office. 

232  Sanitary  Condition  of  Jail  and  Prisoners.  Sec.  9. 
The  city  jailer  shall  keep  the  jail,  with  appurtenances, 
cells,  furniture  and  bedding  thereof,  clean  and  in  good 
order  and  free  from  vermin  and  other  things  prejudi- 
cial to  health  and  comfort  of  persons  confined  therein; 
and  he  shall,  if  necessary7,  compel  such  persons  to  keep 
themselves  and  their  wearing  apparel  in  a cleanly  and 
decent  condition,  and  to  cleanse  their  apartments  or 
other  parts  of  the  jail  when  they  shall  wilfully  or  un- 
necessarily defile  the  same. 

233  City  Council  May  Establish  Rides.  Sec.  10.  The 
city7  council  may  make  and  establish  such  reasonable 
rules  and  regulations  for  the  maintainance  of  good 
order  and  discipline  in  the  city  jail  as  they'  may7  find  ex- 
pedient or  necessary;  and  the  city  jailer,  upon  receiving 
any7  person  into  his  custody,  shall  read  over  said  rules 
and  regulations  in  the  hearing  of  such  person,  and  shall 
at  all  times  strictly7  enforce  the  same. 

234  Physician — When  May  Employ . Sec.it.  When- 
ever the  city  physician  (if  there  be  one)  shall  be  unable 
to  attend  to  any7  prisoner  requiring  medical  aid,  the  city 
jailer  shall  be  authorized  to  emply,  with  the  consent  of 
the  may'or,  such  other  medical  assistance  as  he  may 
deem  necessary7. 

235  Committee  to  Visit  Jail  and  Report  to  Council. 
Sec.  12.  It  shall  be  the  duty  of  the  committee  on  police 


CITY  OF  CARBONDALE 


io3 

and  jail  to  visit  the  city  jail  as  often  as  once  a month, 
and  to  inquire  into  the  treatment  of  persons  confined 
therein,  and  see  that  the  jail  is  kept  in  good  order  and 
condition,  and  that  the  provisions  of  this  chapter  and 
the  rules  and  regulations  of  the  jail  are  strictly  observed 
and  enforced;  and  they  shall  report  to  the  city  council 
any  neglect  of  duty  or  inefficiency  on  the  part  of  the 
keeper  thereof. 

236  Manner  of  1 reciting  Pi  is  oners — Penalty  for  Vio- 
lation. Sec.  13.  The  city  jailer  shall  treat  all  persons 
committed  to  his  charge  humanely;  and  if  he  shall  un- 
necessarily assault,  beat,  abuse,  or  otherwise  maltreat, 
any  person  in  his  custody,  or  knowingly  suffer  or  per- 
mit the  same  to  be  done;  or  shall  supply  any  such  person 
with  any  intoxicating  liquor  as  a beverage,  or  knowingly 
suffer  or  permit  the  same  to  be  done;  or  shall  be  guilty 
of  any  lascivious  behavior,  or  other  improper  conduct, 
toward  any  female  in  his  custody,  or  knowingly  suffer 
or  permit  others  to  be  guilty  of  such  conduct;  or  shall 
fail  to  supply  each  and  every  person  in  his  custody  with 
a sufficient  quantity  of  wholesome  food  or  drink  at 
reasonable  and  proper  intervals,  or  with  the  necessary 
bedding,  he  shall,  in  each  and  every  case,  be  subject  to 
a penalty  of  not  less  than  five  nor  more  than  fifty  dol- 
lars; and  a conviction  under  any  of  the  "provisions  of 
this  section  shall  be  deemed  cause  for  his  removal  from 
office. 


104 


ORDINANCES  OF  THE 


CHAPTER  XVIII. 


LICENSES. 


Article  I.  Licenses  in  General. 


Article  II.  Application  for ; How 
Issued;  Payment,  Etc. 


ARTICLE  I. 


LICENSES  IN  GENERAL. 

237  License  Required.  Section  i.  It  shall  be  un- 
lawful for  any  person  to  be  engaged  in  or  carry  on  any 
business,  occupation  or  pursuit  hereinafter  mentioned 
in  this  article,  within  the  jurisdiction  of  the  city  of  Car- 
bondale,  without  first  having  obtained  a license  there- 
for in  the  manner  provided  by  this  ordinance. 

238  Applicant  Must  Register  Name , Etc.  Sec.  2. 
Every  person  engaged  in  any  business,  occupation  or 
pursuit  required  to  be  licensed  under  the  provisions  of 
this  ordinance  shall  register  with  the  city  clerk  his 
name,  residence,  occupation  or  business,  and  the  place 
where  the  latter  is,  or  is  to  be,  carried  on;  and  in  the 
case  of  a company  or  firm,  the  names  of  the  persons 
composing  the  same  shall  also  be  registered. 

239  Tax  — Amount  Op.  Classification.  Sec.  3. 
There  shall  be  taxed  and  collected  of  and  from  the  per- 
sons engaged  in  or  carrying  on  the  different  branches 
of  business,  occupation  or  pursuits  in  this  section  men- 
tioned, respectively,  license  and  permit  fees  for  each 


CITY  OF  CARBONDALE 


105 


year,  or  as  otherwise  mentioned,  at  the  rates  following, 
to-wit  : 

240  First.  Keeper  or  keepers  of  skating  rinks 
shall  pay  thirty  dollars  per  year,  or  for  any  time  less 
than  one  month  fifty  cents  per  day. 

See  Amusements.  Section  3,  Clause  3. 

241  Second.  Proprietors  or  owners  of  opera  houses 
or  halls  used  for  theatrical  purposes  shall  pay  a license 
fee  of  twelve  dollars  per  year,  in  lieu  of  all  separate 
license  fees  for  shows  or  amusements  given  in  such 
opera  house,  hall  or  theater  during  the  period  of  such 
license,  and  such  license  may  be  taken  out  for  any 
period  not  less  than  three  nor  more  than  twelve  months 
at  that  rate  or  proportionate  part  of  unexpired  munic- 
ipal year. 

See  Amusements.  Section  3,  Clause  1. 

242  Third.  Proprietors  or  managers  of  any  shoot- 
ing gallery,  exhibition  of  any  rope  or  wire  walking, 
puppets  or  wax  figures,  doll,  knife  or  cane  rack,  gal- 
vanic battery,  lung  tester,  steam  swings  or  merry-go- 
rounds,  or  lifting  apparatus,  shall  pay  a license  fee  of 
one  dollar  per  day. 

243  Fourth . Pawnbrokers  shall  pay  a license  fee 
at  the  rate  of  twenty-five  dollars  per  year;  and  no  license 
shall  be  issued  for  less  than  three  months  at  that  rate. 

244  Fifth.  Auctioneers  shall  pay  according  to 
rates  laid  down  in  Chapter  II.  on  auctioneers  and  auc- 
tions. 

245  Sixth.  Bill  posters  at  the  rate  of  six  dollars 
per  annum,  or,  if  taken  for  a less  period,  at  the  rate  of 
one  dollar  per  day. 

246  Seventh.  Draymen,  etc.,  at  the  rates  prescribed 
in  the  chapter  on  that  subject. 


ORDINANCES  OF  THE 


I 06 


247  Eighth.  Hawkers  and  peddlers.  See  chapter 
on  that  subject. 

248  Ninth.  Keepers  of  public  scales  at  the  rate  of 
three  dollars  per  annum. 

249  Tenth.  All  other  license  fees  required  will  be 
found  tabulated  under  their  appropriate  heads  and 
chapters. 

250  Bond.  Sec.  4.  All  persons  following  the  oc- 
cupation of  pawnbroker  aforesaid  shall  give  bond  in 
the  penal  sum  of  five  hundred  dollars,  with  at  least  one 
good  and  sufficient  surety,  a resident  of  this  city,  to  be 
approved  by  the  mayor  or  city  council,  or  both,  con- 
ditioned for  the  observance  of  the  ordinances  of  the 
city  and  for  the  prompt  payment  of  all  moneys  due  to 
any  person  or  persons  and  the  delivery  of  all  goods  to 
the  persons  entitled  thereto. 

251  Record — Daily  Report  to  Day  Marshal.  Sec. 
5.  Every  pawnbroker  shall  keep  a well  bound  book,  in 
which  shall  be  legibly  written  in  ink,  at  the  time  of  each 
purchase  or  loan,  a full  and  accurate  account  in  the 
English  language  of  the  transaction,  specifying  dates, 
names  and  residence  of  persons,  description  of  articles, 
amount  paid  or  loaned,  rate  of  interest,  and  when  due. 
No  entry  shall  be  erased  or  obliterated.  Such  record 
and  such  articles  shall  at  all  reasonable  hours  be  open 
to  inspection  by  the  mayor  and  all  police  officers  or 
any  committee  appointed  by  the  mayor.  And  it  shall 
be  the  duty  of  every  licensed  person  aforesaid  to  make 
out  and  deliver  to  the  day  marshal,  every  day  before 
the  hour  of  12:00  m.,  a legible  and  correct  copy  from 
the  book  required  by  this  section,  of  all  personal  prop- 
erty and  all  other  valuable  things  received  on  deposit 
or  purchased  during  the  day  preceding,  together  with 
the  time,  meaning  the  hour,  when  received  or  purchased, 
and  a true  description  of  the  person  or  persons  by  whom 
left  in  pledge  or  from  whom  the  same  were  purchased. 
Any  person  failing  to  keep  such  record,  or  wilfully 


CITY  OF  CARBONDALE 


107 


erasing  or  obliterating  the  same,  or  any  or  part  of  any 
entry  thereon,  or  refusing  or  failing  at  any  reasonable 
hour  to  allow  such  record  or  such  articles  to  be  in- 
spected as  aforesaid, or  shall  fail  or  refuse  to  make  report 
as  aforesaid,  shall  be  fined  not  less  than  five  nor  more 
than  one  hundred  dollars. 

252  Front  Whom  Property  Shall  Not  Be  Received. 
Sec.  6.  No  pawnbroker  or  keeper  of  a loan  office, 
whether  licensed  or  not,  shall  take  or  receive  in  pawn 
or  pledge  for  money  loaned  any  property,  article  or 
thing  of  value  from  any  intoxicated  person,  nor  from 
any  person  known  to  him  to  be  a thief  or  to  have  been 
convicted  of  burglary  or  larceny,  nor  from  any  minor 
without  the  written  consent  of  the  parent  or  guardian 
of  such  minor,  under  a penalty  of  not  less  than  five  nor 
exceeding  one  hundred  dollars  for  each  offense. 

253  Police  to  Report  Violations.  Sec.  7.  It  shall  be 
the  duty  of  the  city  marshals  and  other  police  officers 
to  report  to  the  mayor  any  failure  on  the  part  of  any 
person  licensed  as  aforesaid  to  comply  with  any  of  the 
provisions  of  this  article,  and  the  mayor  may  revoke 
the  license  of  such  person  or  persons  on  satisfactory 
cause  appearing  to  him  for  so  doing. 

254  Revocation.  Sec.  8.  All  licenses  granted  under 
this  chapter,  and  all  other  licenses  granted,  are  subject 
to  revocation  for  any  willful  failure  to  observe  any  ordi- 
nance relative  to  the  conduct  of  such  business,  and  in 
case  of  revocation  no  part  of  the  fee  shall  be  refunded. 

255  License  to  Expire  With  Municipal  Year.  Sec. 
9.  All  licenses  shall  expire  with  the  municipal  year, 
viz:  at  first  regular  meeting  of  the  city  council  in  May 
after  the  issue  of  the  license,  and  no  license  shall  issue 
for  a less  fee  than  is  above  prescribed,  except  that 
where  the  license  is  an  annual  one  and  over  half  of 
the  fiscal  year  has  expired,  it  may  issue  for  the  re- 
mainder of  the  fiscal  year  for  the  sum  of  one-half  the 
annual  rate  but  no  less. 


io8 


ORDINANCES  OF  THE 


256  Penalty.  Sec.  10.  Any  person  carrying  on 
any  such  business  or  occupation,  as  aforesaid,  without 
having  first  obtained  a license,  shall  be  fined  not  less 
than  three  nor  more  than  one  hundred  dollars  for  each 
offense. 


ARTICLE  II. 


APPLICATION  FOR — HOW  ISSUED — PAYMENT,  ETC. 

257  Order  For— Mayor  to  Issue.  Sec.  11.  When- 
ever any  person  shall  desire  a license  for  any  purpose 
for  which  within  the  city  limits  a license  is  by  law  or 
ordinance  required,  such  person  shall  apply  to  the 
mayor,  who,  if  he  approves  the  application,  shall  give 
the  applicant  an  order  in  writing  to  the  city  clerk, 
signed  by  him,  stating  the  license  for  which  permission 
is  granted,  directing  the  clerk,  upon  payment  to  him  of 
the  fees  by  law  or  ordinance  required,  to  issue  to  the 
applicant  the  proper  license. 

License  can  not  legally  issue  without  ordinance.  People  vs. 
Crotty,  93  111.,  180;  Bull  vs.  Quincy,  9 111.  App.,  127. 

Where  applicant  for  license  is  suitable  person  and  has  complied 
with  requirements  of  ordinance  the  city  authorities  can  not  arbitra- 
rily refuse  to  grant  license.  Zanson  vs.  Mound  City,  103  111.,  552. 

License  money  not  a tax  and  not  required  to  be  applied  solely 
to  corporate  purposes.  E.  St.  Louis  vs.  School  Trustees,  102  111., 
489. 

258  Approval  of  Bonds  Before  Order  Is  sited.  Sec. 
12  If  a bond  be  required  of  such  applicant  before  a 
license  is  granted,  such  applicant  shall,  when  applying 
to  the  mayor  or  city  council,  present  to  him  or  them  for 
approval  a bond  executed  by  such  applicant,  with  se- 
curity to  the  satisfaction  of  the  mayor  or  council,  in 
such  sum  as  may  be  by  law  or  ordinance  required;  and 


CITY  OF  CARBONDALE 


1 09 


if  the  mayor  or  council  approve  such  bond,  such  ap- 
proval shall  be  endorsed  thereon,  and  no  order  for  a 
license  shall  be  given  until  the  bond  of  such  applicant 
has  been  approved. 

259  Order  not  Transferable — Affidavit.  Sec.  13.  No 
order  for  a license  shall  be  transferable,  and  the  city 
clerk  may  require  proof  by  affidavit  that  the  person 
presenting  an  order  for  a license  is  the  same  person  to 
whom  it  was  issued. 

260  Clerk  to  Issue — License  Receipt  Book , Etc.  Sec. 
14.  The  city  clerk  is  hereby  authorized  to  issue  all 
licenses  herein  provided  for  and  to  collect  all  sums  of 
money  chargeable  therefor.  He  shall  furnish  his  office 
with  a blank  license  receipt  book,  the  license  receipt  of 
which  shall  be  numbered,  and  he  shall  issue  all  licenses 
from  said  blank  license  receipt  book,  and  he  shall  enter 
on  the  stub  of  said  license  receipt  book  to  whom  issued, 
when  issued  and  the  amount  thereof,  and  when  for 
billiard  table  or  other  like  table  or  tables,  or  for  the 
selling  of  intoxicating  liquors,  the  house  where  they 
are  to  be  kept. 

261  Fees  Paid  Treasurer — Receipt  Indorsed.  Sec.  15. 
Upon  receiving  an  order  for  a license  the  applicant 
shall,  before  presenting  the  same  to  the  city  clerk,  apply 
to  the  city  treasurer  and  pay  to  him  the  fees  required 
thereon,  who  shall  indorse  on  the  back  of  such  order  a 
receipt,  signed  by  him,  for  such  fees,  and  the  city  clerk 
shall,  upon  the  presentation  of  such  order  so  indorsed 
and  satisfactory  proof  that  such  order  was  bona  fide 
issued  to  the  person  presenting  it,  issue  to  such  person 
the  proper  license. 

If  city  receive  and  retain  money  for  license,  it  can  not  prosecute 
person  paying  it  for  conducting  business  without  license,  though  none 
was  issued.  Martel  vs.  East  St.  Louis,  94  111.,  67. 

262  License  Not  Transferable — Include  But  One.  Sec. 
16.  No  license  issued  by  authority  of  this  city  shall  be 


1 IO 


ORDINANCES  OF  THE 


transferable  nor  confer  any  authority,  privilege  or  right 
upon  any  person  other  than  to  whom  the  same  is  issued; 
provided , saioon  and  other  licenses,  except  auctioneers, 
hawkers  and  peddlers,  may  be  granted  to  firms  com- 
posed of  two  or  more  members,  but  shall  be  good  only 
while  the  firm  remains  composed  of  the  same  persons 
as  at  the  time  of  granting  the  license. 

See  Munsell  vs.  Temple,  3 Gilman,  93. 

263  Subject  to  Revocation — Mode  Of  Sec.  17.  All 
licenses  granted  by  the  authority  of  the  city  shall  be 
subject  to  the  power  of  the  mayor  to  revoke  them  for 
such  cause  as  may  by  law  or  ordinance  be  declared  a 
forfeiture  thereof,  l he  power  of  revocation  shall  be 
exercised  as  follows:  The  mayor  shall  deliver  to  any 
one  of  the  city  marshals  an  order  in  writing,  signed  by 
him,  declaring  the  license  forfeited  and  revoked  and 
stating  the  reason  therefor,  and  requesting  the  holder 
of  such  license  to  deliver  the  same  to  the  marshal,  which 
order  the  marshal  shall  forthwith  proceed  to  serve  upon 
the  party  to  whom  it  is  directed  by  reading  and  deliver- 
ing a copy  thereof  to  said  party,  and  demanding  a sur- 
render of  said  license,  and  shall  make  return  thereof  to 
the  mayor  with  an  endorsement  on  the  back  of  said 
order  stating  the  time  and  manner  of  serving  the  same, 
and  shall  also  return  the  license  to  the  mayor  if  the 
same  be  surrendered  to  him:  Provided , that  in  all  cases 
where  surrender  of  license  is  demanded  as  above,  the 
mayor  shall  tender  the  amount  of  money  due  for  the 
unexpired  portion  of  term  for  which  the  license  was 
issued.  The  mayor  shall  report  to  the  city  council,  at 
its  next  regular  meeting,  the  fact  of  such  revocation, 
with  the  order  therefor  and  the  return  of  the  city  mar- 
shal thereon  and  the  license,  if  in  his  custody.  If  the 
city  council  approve  such  revocation,  the  city  clerk  shall 
indorse  their  approval  on  said  order  and  file  the  same 
in  his  office;  but  if  the  city  council  does  not  indorse 
such  revocation,  it  shall  be  held  of  no  effect,  and  the 
license,  if  it  shall  have  been  surrendered  by  the  holder, 
shall  be  returned  to  him  and  continue  in  force  for  a 
length  of  time  thereafter  equal  to  the  unexpired  time 


CITY  OF  CARBONDALE 


I I I 


at  the  time  of  revocation.  In  no  case  shall  the  holder 
be  entitled  to  a return  of  any  portion  of  the  fees  paid 
for  the  granting  of  such  license. 

264  From  What  Time  Void — Penalty.  Sec.  18.  In 
case  an  order  of  revocation  of  license  be  issued  and 
served  as  provided  for  in  section  7 of  this  chapter,  such 
license  shall  be  deemed  to  be  at  an  end  and  void  and  of 
no  effect  from  the  time  such  order  is  served,  whether 
such  license  be  delivered  to  the  city  marshal  or  not,  and 
if  the  holder  shall  proceed  to  act  thereafter  under  such 
license  and  contrary  to  the  order  of  revocation  he  shall, 
on  conviction,  be  fined  as  though  no  license  had  ever 
been  issued. 

265  Bond  Submitted  to  Council — Proceedings.  Sec. 

19.  Whenever  a bond  is  required  before  the  granting 
of  any  license  the  mayor,  after  having  approved  such 
bond  and  issued  an  order  to  grant  the  license,  shall  re- 
tain the  custody  of  the  bond  until  the  next  regular 
meeting  of  the  city  council,  when  he  shall  submit  such 
bond  to  the  city  council,  and  the  said  council  may  ap- 
prove or  reject  such  bond  or  require  additional  security 
thereon,  and  if  the  holder  of  the  license  fails  or  refuses 
to  give  security  to  the  satisfaction  of  the  city  council 
within  the  time  he  may  be  required,  or  if  the  bond  be 
wholly  rejected,  the  license  shall  be  deemed  to  be  for- 
feited and  at  an  end,  and  the  holder  shall  have  refunded 
to  him  such  portion  of  the  sum  paid  for  the  granting  of 
such  license  as  the  unexpired  time  such  license  has  to 
run  bears  to  the  whole  time  for  which  it  was  issued. 

266  What  Not  Authorized  by  License— Penalty . Sec. 

20.  Nothing  in  this  chapter,  or  in  any  ordinance  of  the 
city,  shall  be  deemed,  held  or  construed,  nor  shall  any 
license  granted  or  issued  in  pursuance  of  any  ordinance 
of  this  city  be  deemed,  held  or  construed,  to  authorize 
the  holder  of  any  license  granted  by  authority  of  law 
or  city  ordinance  to  exercise,  follow,  engage  in  or  carry 
on  the  vocation,  calling  or  privilege  as  is  in  such  license 
mentioned,  upon  or  in  any  sidewalk,  crosswalk,  pave- 


I 12 


ORDINANCES  OF  THE 


ment,  street,  alley,  public  way  or  other  public  place 
within  the  city.  Whoever  shall  violate  the  provisions 
of  this  section  shall,  on  conviction,  be  fined  not  less  than 
three  nor  more  than  one  hundred  dollars:  Provided , 
this  section  shall  not  be  construed  to  prevent  peddlers 
or  scavengers  from  the  necessary  and  reasonable  use  of 
streets,  alleys  and  public  ways  to  carry  on  their  business. 

Primary  purpose  of  streets  is  for  passage  and  travel,  and  obstruc- 
tions to  its  free  use  for  such  purposes  is  unauthorized  and  illegal  and 
may  be  declared  a nuisance.  Dillon  on  Municipal  Corporation,  Sec- 
tions 683,  730;  Quincy  vs.  Jones,  76  111.,  231,  244;  Caldwell  vs. 
Alton,  33  111.,  416. 

Person  accepting  a license  takes  it  subject  to  provisions  of  ordi- 
nances relating  thereto,  and  acceptance  of  license  is  acknowledgement 
of  the  validity  of  the  ordinance.  Launder  vs.  Chicago,  m 111.,  296. 

Authority  of  city  council.  R.  S.  Chaper  24,  Article  V,  Section 
1,  Clause  20. 


267  Bribing  Mayor — Penalty  — Mayor  Accepting — 
Penalty . Sec.  21.  Whoever  shall  give  or  promise  to 
give  to  the  mayor  any  money  or  other  valuable  thing, 
or  any  favor  or  promise  thereof,  as  a consideration  or 
inducement  to  approve  any  bond  for  license,  or  grant 
any  order  for  a license,  or  as  reward  or  compensation 
for  having  approved  any  such  bond  or  granted  any  such 
order,  shall,  on  conviction,  be  fined  not  less  than  fifty 
nor  more  than  two  hundred  dollars.  And  if  the  mayor 
shall  accept  or  receive  anything  contrary  to  the  provis- 
ions of  this  section,  he  shall  forfeit  not  less  than  fifty 
nor  more  than  two  hundred  dollars,  to  be  recovered  in 
an  action  in  the  name  of  the  city  directly  against  him 
or  upon  his  official  bond  as  for  malfeasance  in  office. 


CITY  OF  CARBONDALE 


I I 


CHAPTER  XIX. 


NUISANCES. 


268  What  Is  Nuisance — Classification.  Section  i. 
It  is  hereby  declared  to  be  a nuisance  for  any  person  or 
persons,  firm,  company  or  corporation  within  the  cor- 
porate limits  of  this  city: 

Power  to  declare  a nuisance,  etc.  R.  S.  Chapter  24,  Article  V, 
Section  1,  Clause  75. 

First.  To  so  negligently  conduct  any  business  or 
use  any  premises  as  to  create  an  offensive  smell  or  taint 
the  air  and  render  it  unwholesome  or  disagreeable  to 
any  person  or  persons. 

Power  to  prohibit  unwholesome  business.  R.  S.  Chapter  24, 
Article  V,  Section  1,  Clause  83. 

Second.  To  cause  or  suffer  the  carcass  of  any  animal 
or  any  offal,  filth  or  noisome  substance  to  be  collected, 
deposited  or  remain  in  any  place  to  the  prejudice  of 
any  person  or  persons. 

Power  to  promote  health,  etc.  R.  S.  Chapter  24,  Article  V, 
Section  1,  Clause  78. 

Third.  To  throw,  deposit  or  discharge  into,  or  suffer 
to  be  collected,  deposited  or  remain  in,  any  street,  alley 
or  other  public  place,  or  in  any  house,  building,  prem- 
ises, sewer,  gutter,  spring,  well  or  cistern,  any  ashes, 
filth,  garbage,  offal,  excrement,  manure  or  other  nox- 
ious substance,  or  any  rotten  or  decaying  animal  or 
vegetable  matter,  or  any  waste  paper,  rag  or  old  gar- 


u 


ORDINANCES  OF  THE 


ment,  soot  or  other  contents  of  any  stovepipe,  chimney 
or  flue,  or  any  rubbish  of  any  kind. 

See  Ellis  vs.  K.  C.,  etc.,  R.  R.  Co.,  63  Mo.,  131.  R.  S.  Chap- 
ter 24.  Article  V,  Section  1,  Clause  15. 

Fourth.  To  allow,  suffer  or  permit  any  lot  or  prem- 
ises, common  or  place  of  any  kind  whatever  to  become 
neglected  so  as  to  be  offensive  to  other  persons  by 
weeds  growing  thereon  or  by  the  depositing  of  rubbish 
of  any  kind  to  the  prejudice  of  any  person  or  persons 
living  in  the  vicinity  of  the  same. 

Fifth.  To  corrupt  or  render  unwholesome  or  im- 
pure the  water  of  any  spring,  stream,  pond  or  well  to 
the  prejudice  or  injury  of  any  person  or  persons. 

R.  S.  Chapter  24,  Article  V,  Section  1,  Clause  40. 

Sixth.  To  obstruct  or  impede,  without  legal  author- 
ity, the  passage  of  any  gutter,  conduit,  sewer  or  the 
natural  drainage  of  any  public  or  private  property. 

R.  S.  Chapter  24,  Article  V,  Section  1,  Clause  29. 

Seventh.  To  obstruct  or  encroach  upon  public  high- 
ways, private  ways,  streets,  alleys  or  commons,  or  any 
part  thereof,  by  any  article  or  thing  whatever. 

R.  S.  Chapter  24,  Article  V,  Section  1,  Clause  to. 

Eighth.  To  establish,  maintain  and  carry  on  any 
offensive  or  unwholesome  business  within  the  limits  of 
said  city  or  within  one  mile  of  the  limits  thereof. 

R.  S.  Chapter  24,  Article  V,  Section  1,  clause  83. 

Ninth.  To  permit  or  suffer  any  offal,  filth,  refuse, 
animal  or  vegetable  matter  which  is  liable  to  become 
putrid  or  offensive,  or  injurious  to  health,  to  remain  on 
any  premises  used  or  occupied  by  him,  her  or  them  for 
a longer  time  than  five  hours  at  any  one  time. 

R.  S.  Chapter  24,  Article  V,  Section  1,  Clause  78. 


CITY  OF  CARBONDALE 


I 15 


Tenth.  To  keep,  or  suffer  to  be  kept,  in  a foul, 
offensive,  nauseous  or  filthy  condition  any  railroad  car, 
building,  yard,  cellar,  barn,  sewer,  pigsty  or  privy. 

R.  S.  Chapter  24,  Article  V,  Section  1,  Clause  84. 

Eleventh.  To  own,  keep  or  use  any  railroad  car, 
yard,  pen,  place  or  premises  in  or  upon  which  cattle  or 
swine  shall  be  confined  or  kept  so  as  to  be  offensive  to 
persons  residing  in  the  vicinity  of  the  same. 

See  I.  C.  R.  R.  Co.  vs.  Grabell,  50  111.,  241. 

Twelfth.  To  erect,  continue  or  use  any  building  or 
other  place  for  the  exercise  of  any  trade,  employment 
or  manufacture  which,  by  occasioning  noxious  exhala- 
tions, offensive  smells,  or  otherwise  is  offensive  or 
dangerous  to  the  health  of  any  individual  or  of  the 
public. 

R.  S.  Chapter  24,  Article  V,  Section  1. 

Thirteenth.  To  locate  and  use,  without  first  having 
obtained  permission  of  the  city  council  to  do  so,  any 
packing  house,  rendery,  tallow  chandlery,  bone  factory, 
soap  factory,  tannery,  brewery,  distillery,  livery  stable, 
blacksmith  shop  or  foundry. 

R.  S.  Chapter  24,  Article  V,  Section  1,  Clauses  81,  82. 

Fozirteenth.  For  the  owner  or  keeper  of  any  lot  or 
premises  to  suffer  to  stand  or  remain  thereon  water 
which  is  or  which  may  become  stagnant,  foul  and  offen- 
sive, as  well  as  detrimental,  to  the  health  and  comfort 
of  any  person  or  persons  residing  in  the  neighborhood 
thereof. 

R.  S.  Chapter  24,  Article  V,  Section  1,  Clause  40. 

Fifteenth.  To  erect  or  use  habitually  any  house  or 
lot  for  the  purpose  of  butchering  or  slaughtering  cattle, 
calves,  sheep  or  swine  without  permission  granted  by 
the  city  council. 

R.  S.  Chapter  24,  Article  V,  Section  1,  Clause  83. 


i6 


ORDINANCES  OF  THE 


Sixteenth.  To  boil  or  render  tainted  lard  or  other 
animal  substance  so  as  to  taint  the  air  or  render  it  un- 
wholesome or  offensive. 

R.  S.  Chapter  24,  Article  V,  Section  1,  Clause  81. 

Seventeenth.  To  suffer  or  permit  any  bitch  to  run  at 
large,  within  the  limits  of  the  city,  while  proud  or  in 
heat,  and  every  bitch  found  so  running  at  large  shall  be 
summarily  killed  and  destroyed. 

Eighteenth.  To  obstruct,  occupy  or  use,  in  or  about 
the  erection,  construction  or  repair  of  any  house  or 
other  building,  any  part  of  any  sidewalk,  crosswalk, 
crossing  or  pavement,  or  any  portion  of  any  street  in 
excess  of  half  the  width  thereof,  with  any  brick,  stone, 
lumber,  lime  or  other  builders’  material. 

Nineteenth.  To  set  up,  or  cause  to  be  set  up,  over 
any  street,  alley  or  sidewalk  any  awning  less  than  eight 
feet  high,  or  suspend  any  awning  or  any  sign,  signbox 
or  fixture  over  any  street  or  sidewalk  lower  than  eight 
feet  above  the  same,  or  suspend  any  merchandise  or 
other  article  in  front  of  any  building  and  more  than  two 
feet  from  the  wall  thereof  so  that  any  part  of  the  same 
shall  be  less  than  eight  feet  above  the  sidewalk  or 
ground:  Provided , that  this  clause  shall  not  apply  to 
awnings,  etc.,  already  erected  and  in  place,  but  shall 
apply  to  any  of  the  aforesaid  which  shall  hereafter  be 
erected. 

Twentieth.  For  horse  traders  or  transient  persons 
of  any  kind  or  character  to  congregate  upon  the  streets 
or  alleys  of  this  city  for  the  purpose  of  trading  horses 
or  exhibiting  their  horses,  or  for  any  other  purpose,  or 
in  any  other  way  to  obstruct  the  streets  and  thus  hinder, 
delay  or  disturb  any  person  or  persons:  And  it  is 

further  provided , that  such  persons  above  mentioned 
shall  immediately  disperse  upon  verbal  notice  by  the 
proper  officer,  and  upon  failure  so  to  do  shall  be  fined 
under  the  penalty  for  nuisances  or  provided  for  in  this 
chapter. 


CITY  OF  CARBONDALE 


1 17 


269  Penalty — Order  to  Abate — Proviso.  Sec.  2.  Who- 
ever violates  any  clause,  section  or  provision  of  this 
chapter  shall,  on  conviction,  be  fined  not  less  than  three 
nor  more  than  two  hundred  dollars;  and  if  any  such 
person  or  persons,  firm,  company  or  corporation  shall 
continue  a nuisance  after  being  fined  for  the  same,  a 
new  cause  of  action  shall  immediately  accrue  against 
such  person  or  persons,  firm,  company  or  corporation, 
subjecting  the  offender  to  a like  penalty  as  aforesaid; 
and  so  on,  after  the  rendition  of  each  fine,  the  continu- 
ance of  such  nuisance  shall  be  deemed  a new  cause  of 
action  as  aforesaid:  Provided , that  the  offender  shall,  in 
every  case  under  the  provisions  of  this  chapter,  be  noti- 
fied by  the  mayor  or  marshals  of  said  city  to  remove  or 
abate  any  such  nuisance  and  be  allowed  a reasonable 
time,  to  be  fixed  by  such  officer  in  such  notice  accord- 
ing to  the  nature  of  such  nuisance,  to  so  remove  and 
abate  the  same,  which  notice  shall  be  in  writing  and  be 
signed  and  returned  by  the  officer  serving  the  same, 
and  upon  removing  or  abating  such  nuisance  within  the 
time  fixed  by  such  officer  the  offender  shall  not  be  sub- 
ject to  the  fine  aforesaid  unless  the  commission  of  such 
nuisance  was  willful  or  resulted  in  actual  damage  to  the 
person  or  property  of  some  person  or  corporation. 


CHAPTER  XX. 


ORDINANCES. 


270  Manner  of  Recording  and  Publishing.  Section 
1.  The  revised  ordinances  of  this  city,  when  the  same 
are  completed,  shall  be  recorded  in  the  manner  that 
they  are  adopted  and  shall  be  published  as  adopted  in 


1 18 


ORDINANCES  OF  THE 


book  form.  Mayor  may  give  casting  vote  in  case  of  a 
tie  on  the  passage  of  an  ordinance. 

Carrollton  vs.  Clark,  21  111.  App.,  74. 

See  R.  S.  Chapter  24,  Article  V,  Section  1,  Clause  96;  Ibid, 
Sections  2-9,  Article  III,  Sections  13,  j8,  19.  Barr  vs.  Village  of 
Auburn,  89  111.,  361;  Harmon  vs.  Chicago,  no  111.,  400;  Lindsey 
vs.  Chicago,  115  111.,  120;  Village  of  Bethalto  vs.  Conley,  9 111.  App., 
339;  Mason  vs.  City  of  Shawneetovvn,  77  111.,  533;  Law  vs.  People, 
87  111.,  385;  Moss  vs.  Oakland,  88  111.,  109;  Baker  vs.  Village  of 
Maquon,  9 111.  App.,  155. 


271  When  to  Take  Effect,  Etc.  Sec.  2.  That  said 
revised  ordinances  shall  take  effect  on  and  be  in  force 
from  and  after  the  expiration  of  ten  days  from  the  date 
of  publication  thereof,  and  on  the  taking  effect  thereof 
all  prior  ordinances  shall  be  repealed  thereby  only  to 
the  extent  of  the  conflict  between  such  former  ordi- 
nances and  the  present  revised  ordinances,  so  that  all 
former  ordinances  not  repealed  directly  or  indirectly 
by  these  or  other  ordinances  are  hereby  kept  in  full 
force  and  effect.  The  following  ordinances,  to-wit: 

Ordinance  No.  192,  relating  to  sidewalk  on  both 
sides  of  Oak  street,  between  Missouri  street  and  Poplar 
street,  approved  January  2,  1895; 

Ordinance  No.  205,  relating  to  the  improvement  of 
the  streets  and  gutters  on  the  north  and  south  sides  of 
Main  street  from  Marion  street  to  Springer  street,  ap- 
proved October  18,  1895; 

Ordinance  No.  207,  relating  to  sidewalk  on  both 
sides  of  Normal  avenue  from  Oak  street  to  grounds  of 
Southern  Illinois  Normal  University,  approved  May  8, 
1896; 

Ordinance  No.  208,  relating  to  sidewalk  on  the  west 
side  of  West  street  from  Oak  street  to  the  grounds  of 
the  Southern  Illinois  Normal  University,  approved  May 
20,  1896; 


CITY  OF  CARBONDALE 


19 


Ordinance  No.  209,  relating  to  sidewalk  on  the  east 
side  of  West  street  from  Oak  street  to  College  street, 
approved  May  20,  1896; 

Ordinance  No.  210,  relating  to  sidewalk  on  both 
sides  of  North  street  from  Normal  avenue  to  Gum 
street,  approved  May  20,  1896; 

Ordinance  No.  21 1,  relating  to  sidewalk  on  the 
north  side  of  North  street  from  Gum  street  to  Wall 
street,  approved  May  20,  1896; 

Ordinance  No.  212,  relating  to  sidewalk  on  both 
sides  of  South  street  from  Normal  avenue  to  Marion 
street,  approved  May  20,  1896; 

Ordinance  No.  184,  relating  to  sidewalks  on  the 
streets  of  the  public  square,  approved  September  4. 

1894; 

Ordinance  No.  215,  relating  to  sidewalk  on  south 
side  of  Main  street  from  East  street  to  Marion  street, 
approved  September  1,  1896; 

Ordinances  Nos.  218,  227,  230  to  234,  inclusive;  244, 
246,  283,  287,  294,  297,  302,  305  to  310,  inclusive,  and  all 
other  special  ordinances  not  repealed  to  date  are  also 
deemed  as  continued  in  force  in  all  their  provisions. 

Effect  of  repeal  without  saving  clause.  Day  vs.  City  of  Clinton, 
6 111.  App.,  476. 


272  Rules  of  Construction.  Sec.  3.  In  the  con- 
struction of  all  ordinances  now  in  force  or  which  may 
be  hereafter  enacted,  the  following  rules  shall  be  ob- 
served, unless  such  construction  would  be  inconsistent 
with  the  manifest  intention  of  the  city  council  in  adopt- 
ing the  ordinance,  or  repugnant  to  the  context  of  such 
ordinance,  or  violative  of  some  principle  of  law,  viz: 


ORDINANCES  OF  THE 


120 


Fisrt.  All  general  provisions,  terms,  phrases  and 
expressions  shall  be  liberally  construed  in  order  that 
the  intent  of  the  city  council  may  be  fully  carried  out. 

Second.  Words  in  the  present  tense  include  the 
future. 

Third.  Words  importing  the  singular  number  may 
extend  and  be  applied  to  several  persons  and  things, 
and  words  importing  the  plural  number  may  include 
the  singular. 

Fourth.  Words  importing  the  masculine  gender 
may  be  applied  to  females. 

Fifth.  The  word  “person”  or  “persons,”  as  well  as 
all  words  referring  to  or  importing  persons,  may  extend 
and  be  applied  to  bodies  politic  and  corporate  as  well 
as  individuals. 

Sixth.  The  word  “month”  shall  mean  a calendar 
month. 

Seventh.  The  term  “council”  shall  be  held  to  mean 
the  city  council;  “clerk”  shall  be  held  to  mean  the  city 
clerk;  “treasurer”  to  mean  the  city  treasurer;  “attorney” 
to  mean  the  city  attorney,  and  “marshal”  or  “city  mar- 
shal” to  mean  either  the  day  marshal  or  the  night 
marshal. 

273  How  Passed , Approved , Etc.  Sec.  4.  All  ordi- 
nances passed  by  the  city  council  shall,  before  they  take 
effect,  be  deposited  in  the  office  of  the  city  clerk;  if  the 
mayor  approves  thereof  he  shall  sign  the  same,  and 
such  as  he  shall  not  approve  he  shall  return  to  the 
council,  with  his  objection  thereto  in  writing,  at  the 
next  regular  meeting  of  the  city  council,  occurring  not 
less  than  five  days  after  the  passage  thereof. 

R.  S.  Chapter  24,  Article  III,  Section  18;  Ibid,  Article  VI, 
Section  11.  Eubanks  vs.  Town  of  Ashley,  36  111.,  177;  Barr  vs. 
Auburn,  89  111.,  161. 


CITY  OF  CARBONDALE 


I 2 I 


Requirements  of  ordinances,  67  111.,  102;  56  111.  App.,  191. 

Ordinance  book;  evidence  of  adoption,  89  111.,  361. 

Repeal  of  ordinances  by  implication,  67  IU.,  103. 

Proof  of  ordinances  by  a printed  book  purporting  to  be  pub- 
lished by  authority  of  the  city  council,  48  111.  App.,  202  5115  111., 
1 20. 

Publication  of  ordinances,  87  111.,  385  ; 9 111.  App.,  155. 

Ordinances,  book  form;  prima  facie  of  adoption,  Barr  vs. 
Auburn,  89  111.,  361;  39  111.  App.,  592;  139  111.,  306;  48  111.  App., 
202,  208. 


274  Fines  Not  Released.  Sec.  5.  No  fine,  forfeit- 
ure, penalty,  right  of  action,  suit,  debt  or  other  liability 
incurred,  instituted  or  accrued  before  the  date  that 
these  ordinances  take  effect  shall  be  released  or  dis- 
charged by  the  passage  of  these  ordinances,  but  the 
same  are  hereby  expressly  reserved  and  excepted. 

275  City  Attorney  to  Draw,  Etc.  Sec.  6.  All  or- 
dinances shall  be  drawn  by  the  city  attorney,  for  which 
he  may  charge  a reasonable  fee.  And  this  applies 
equally  to  ordinances  written  in  behalf  of  and  for  the 
city  and  to  those  in  behalf  of  or  for  any  person,  firm, 
company  or  corporation.  It  is  the  duty  of  the  city 
attorney  to  write  such  ordinances  and  see  that  they  are 
regular  and  legally  all  right  and  constitutional ; provided , 
that  if  any  ordinance  shall  be  drawn  up  by  any  person 
other  than  the  city  attorney,  such  ordinance  shall  be 
presented  to  the  city  attorney  for  his  examination  and 
approval  before  being  presented  to  the  city  council  for 
passage. 

276  General  Penalty.  Sec.  7.  In  ail  cases  where 
any  act  is  prohibited  by  any  ordinance  of  this  city,  and 
whenever  any  provision  of  any  ordinance  is  violated, 
where  no  other  fine  or  penalty  is  provided,  a breach 
thereof  shall  subject  the  offender  to  a penalty  of  not 
less  than  three  dollars  nor  more  than  one  hundred  dol- 
lars for  each  offense. 


I 22 


ORDINANCES  OF  THE 


CHAPTER  XXI. 


PEDDLERS. 


277  License  Required — Exception.  Section  i.  It 
shall  be  unlawful  for  any  person  or  persons,  corpora- 
tion, company  or  firm  to  exercise  the  business  of  a ped- 
dler, or  to  peddle,  within  the  city  limits,  goods,  wares, 
merchandise  or  other  articles,  except  farm,  orchard  or 
garden  products  when  sold  by  the  bona  fide  producers 
thereof,  without  a license  so  to  do,  obtained  in  the  man- 
ner prescribed  by  law  or  the  ordinance  of  the  city  for 
the  granting  of  licenses. 

Authority  to  require  license.  R.  S.  Chapter  24,  Article  V,  Sec- 
tion 1,  Clause  41. 

See  also,  Constitution,  Article  IX,  Section  1.  Wiggins  vs.  Chi- 
cago, 68  111.,  372. 

Who  is  a peddler.  Bouvier’s  Law  Dictionary,  title  “Peddlers.” 

278  Fees  For — Classification.  Sec.  2.  To  obtain  the 
license  provided  for  in  section  1 of  this  chapter,  the 
person,  corporation,  company  or  firm  desiring  the  same 
shall  pay  into  the  city  treasury  the  amount  required  of 
the  class  to  which  his,  its  or  their  business  may  belong 
according  to  the  following  classification: 

279  First.  For  a foot  peddler,  or  one  going  about 
on  foot  with  goods,  wares,  merchandise  or  other  articles 
for  sale,  two  dollars  for  each  and  every  day  he  may  be 


CITY  OF  CARBONDALE 


23 


so  engaged  within  the  city  limits,  or  six  dollars  per 
week. 

280  Second.  For  one  going  about  in  a horse  wagon, 
cart,  dray  or  other  vehicle,  four  dollars  for  each  and 
every  day,  or  tvvelve  dollars  per  week. 

281  License  to  Company  — Restriction.  Sec.  3.  A 
license  to  peddle  may  be  granted  to  a corporation, 
company  or  firm  composed  of  two  or  more  individuals 
or  persons,  but  shall  not  be  construed  to  authorize  more 
than  one  person  to  be  engaged  in  peddling  for  such  cor- 
poration, company  or  firm  at  one  and  the  same  time. 

282  Peddling  Without  License — Restriction.  Sec.  4. 
Whoever  shall  engage,  within  the  limits  of  the  city,  in 
the  business  of  peddling  without  license  so  to  do,  as  re- 
quired in  this  chapter,  shall,  on  conviction,  be  fined  not 
less  than  three  nor  more  than  twenty-five  dollars  for 
each  and  every  day  he  shall  be  so  engaged. 

283  Violation — Forfeiture  — Penalty.  Sec.  5.  Any 
person  who,  having  obtained  a license  to  peddle  under 
one  class  as  provided  in  this  chapter,  shall  engage  in 
another  of  the  classes  herein  mentioned,  or  who  shall 
sell  or  dispose  of  stolen  goods  under  such  license,  or 
shall  conduct  himself  during  the  continuance  of  such 
license  in  a riotous  or  disorderly  manner;  or  any  cor- 
poration, company  or  firm  which,  having  obtained  a 
license  of  one  class,  shall  engage  in  another  class,  or 
shall  employ  more  than  one  person  to  peddle  under  the 
same  license  at  the  same  time,  or  shall  sell  or  dispose 
of  stolen  goods  under  such  license,  or  shall  keep  in  its 
or  their  employ,  under  such  license,  a person  who  con- 
ducts himself  in  a riotous  or  disorderly  manner,  shall 
be  deemed  to  have  forfeited  such  license,  and,  on  con- 
viction, shall  be  fined  as  if  no  license  had  been  issued. 


124 


ORDINANCES  OF  THE 


CHAPTER  XXII. 


PLATS. 


284  Official  Map  of  the  City — What  Declared.  Sec- 
tion 1.  The  plat  or  map  of  the  survey  of  this  city 
made  by  Edmund  Newsome  and  brought  down  to  date 
by  YV.  F.  Hughes,  county  surveyor,  under  contract  with 
the  city  and  approved  by  the  city  council  of  said  city,  is 
hereby  declared  to  be,  and  unless  changed  by  law  or 
ordinance,  shall  remain,  the  official  map  of  the  city  as 
to  all  matters  thereby  shown. 

285  Plats  to  be  Approved  by  the  City  Council — Con- 
form to  Existing  Streets , Etc.  Sec.  2.  Every  plat  or 
map  to  any  addition  to  or  subdivision  of  any  land,  block 
or  lot,  or  part  thereof,  within  the  limits  of  this  city,  or 
to  be  annexed  thereto,  which  shall  be  hereafter  made, 
shall,  as  near  as  practicable,  conform  to  and  correspond 
with  existing  blocks,  lots,  streets,  alleys  and  public  ways; 
and  every  such  plat  or  map  shall,  to  entitle  the  same  to 
be  recorded  in  the  office  of  the  recorder  of  this  county, 
be  first  submitted  to  and  approved  by  a majority  vote 
of  all  the  members  of  the  city  council,  such  approval  to 
be  entered  by  yeas  and  nays  upon  the  journal  of  the 
council’s  proceedings,  and  no  such  plat  or  map  shall 
have  any  validity  or  be  of  any  force  until  it  is  approved 
and  a certificate  of  such  approval  signed  by  the  city 
clerk,  with  the  corporate  seal  thereto  attached,  shall 
have  been  endorsed  thereon. 

Approval  of  maps,  etc.  R.  S.  Chapter  24,  Article  X,  Section  5. 


CITY  OF  CARBONDALE 


25 


CHAPTER  XXIII. 


PENAL  CODE  AND  PRACTICE. 


Article  I.  Offenses  Against  the 
Peace  of  the  City. 

Article  II.  Offenses  Against  the 
Police  and  Morals  of  the  City. 


Article  III.  Miscellaneous  Of 
fenses. 

Article  IV.  Practices. 


ARTICLE  I. 


OFFENSES  AGAINST  THE  PEACE  OF  THE  CITY. 

286  Assault — -Assault  and  Battery — Penalty.  Sec- 
tion  1.  Whoever  shall  commit  an  assault,  or  an  assault 
and  battery,  within  the  limits  of  the  city,  shall,  on  con- 
viction, be  fined  not  less  than  three  nor  more  than  one 
hundred  dollars. 

Power  to  prevent.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  59.  Ibid,  Chapter  38,  Sections  20-22. 

Hoyer  vs.  Mascoutah,  59  111.,  137. 

287  Affrays — Penalty.  Sec.  2.  If  two  or  more  per- 
sons fight  by  agreement,  in  any  place  within  the  limits 
of  the  city,  they  shall,  on  conviction,  be  fined  not  less 
than  three  nor  more  than  one  hundred  dollars. 

Power  to  suppress.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  72.  Ibid,  Chapter  38,  Section  20. 


126 


ORDINANCES  OF  THE 


288  Assembly — Unlawful — Penalty.  Sec.  3.  If  two 
or  more  persons  assemble  to  do  an  unlawful  act,  within 
the  limits  of  the  city,  or  being  assembled  together 
within  the  limits  of  the  city  shall  conduct  themselves 
in  a riotous  or  disorderly  manner,  they  shall  be  deemed 
guilty  of  an  unlawful  assembly  and,  on  conviction,  shall 
severally  be  fined  not  less  than  three  nor  more  than 
one  hundred  dollars. 

Power  to  prevent.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  72. 

289  Provoking  a Breach  of  the  Peace — Penalty.  Sec. 
4.  Whoever,  within  the  limits  of  the  city,  shall  provoke 
a breach  of  the  peace  by  publicly  challenging  another 
to  fight,  or  by  fighting,  or  shall  use  any  violent,  threat- 
ening, profane  or  indecent  language,  to  the  disturbance 
of  any  person,  or  shall  use  any  threatening,  tumultuous, 
offensive,  unseemly,  reproaching  or  abusive  language, 
to  the  annoyance,  disturbance  or  vexation  of  any  other 
person,  or  shall  be  guilty  of  conduct  tending  to  provoke 
a breach  of  the  peace,  shall,  on  conviction,  be  fined  not 
less  than  three  nor  more  than  one  hundred  dollars. 

Power  to  prevent.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  59. 


290  Disturbing  the  Peace — Penalty.  Sec.  5.  Who- 
ever shall  disturb  the  peace  and  quiet  of  the  city,  or 
any  neighborhood,  family  or  person,  by  loud  and  un- 
usual noise,  shouting,  blowing  horns,  yelling,  singing, 
whistling,  or  by  tumultuous  and  offensive  carriage,  or 
other  boisterous  and  unseemly  conduct,  shall,  on  con- 
viction, be  fined  not  less  than  three  dollars  nor  more 
than  one  hundred  dollars. 

Power  to  prevent.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  59. 

291  Disturbing  Religious  or  Other  Assembly — Pen- 
alty. Sec.  6.  Whoever  shall,  within  the  limits  of  the 
city,  by  any  menace,  profane  language,  vulgar  language, 
or  any  disorderly  or  unusual  conduct,  interrupt  or  dis- 


CITY  OF  CARBONDALE 


127 


turb  any  congregation  of  persons  while  at  religious 
worship,  or  any  other  lawful  assembly  of  persons,  or 
the  peace  and  quiet  of  any  private  family,  within  the 
limits  of  the  city,  shall,  on  conviction,  be  fined  not  less 
than  three  dollars  nor  more  than  one  hundred  dollars. 

Power  to  prevent,  etc.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clauses  59,  72. 

292  Disturbing  Funeral.  Sec.  7.  Whoever  shall 
wilfully  interrupt  or  disturb  any  funeral  assembly  or 
funeral  procession,  or  any  school  or  other  assemblage 
of  persons  met  for  a lawful  purpose,  shall,  on  convic- 
tion, be  fined  not  less  than  three  dollars  nor  more  than 
two  hundred  dollars. 

Power  to  prevent,  etc.  R.  S.  Chapter  24,  Article  V,  Section  r, 
Clause  59. 

293  Going  About  Armed — Flourishing — Penalty. 
Sec.  8.  Whoever  shall  go  about  the  city  armed  with  a 
gun,  sword,  pistol  or  other  dangerous  or  deadly  weapon, 
or  shall  in  any  place  in  the  city  flourish  or  display  any 
such  weapon  in  a threatening  or  dangerous  manner, 
shall,  on  conviction,  be  fined  not  less  than  twenty-five 
dollars  nor  more  than  two  hundred  dollars. 

Power  of  city  to  prevent.  R.  S.  Chapter  24,  Article  V,  Section 
1,  Clause  66. 

294  Carrying  Concealed  Weapons — Penalty.  Sec.  9. 
Whoever,  except  peace  officers,  shall,  within  the  limits 
of  the  city,  carry  or  wear  under  his  clothing,  or  con- 
cealed about  his  person,  any  pistol,  slung-shot,  or  cross- 
knuckles or  knuckles  of  lead,  brass  or  other  metal,  or 
any  bowie-knife,  or  dirk-knife,  or  dirk,  or  dagger,  or 
any  other  dangerous  or  deadly  weapon,  shall,  on  con- 
viction, be  fined  not  less  than  twenty-five  dollars  nor 
more  than  two  hundred  dollars. 

Power  to  prevent.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clauses  59,  66. 

295  I mmoderate  Driving  and  Racing — Penalty.  Sec. 
10.  Whoever  shall  be  guilty  of  driving  at  a rapid  or 


128 


ORDINANCES  OF  THE 


immoderate  rate,  or  of  racing,  within  the  limits  of  the 
city,  or  of  otherwise  driving  or  riding  therein  in  such  a 
manner  as  to  endanger  the  life,  limbs  or  property  of 
other  persons,  shall,  on  conviction,  be  fined  not  less 
than  three  dollars  nor  more  than  one  hundred  dollars. 

Power  to  regulate,  etc.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  2 1 . 


296  Routs  and  Riots — Penalty . Sec.  ii.  If  two  or 
more  persons  meet  to  do  an  unlawful  act  upon  a com- 
mon cause  of  quarrel,  within  the  limits  of  the  city,  and 
make  advances  toward  such  act,  they  shall  be  deemed 
guilty  of  rout,  and  on  conviction  shall  severally  be 
fined  not  less  than  three  dollars  nor  more  than  one 
hundred  dollars.  But  if  two  or  more  persons  actually 
do  an  unlawful  act  with  force  or  violence  against  the 
property  of  another,  with  or  without  a common  cause 
of  quarrel,  they  shall  be  deemed  guilty  of  a riot,  and, 
on  conviction,  shall  severally  be  fined  not  less  than 
three  nor  more  than  one  hundred  dollars. 

Power  to  regulate,  etc.  R.  S.  Chapter  24,  Article  V,  Section 
1,  Clause  72. 

297  Not  Permitted  to  Lounge  on  Streets — Penalty. 
Sec.  12.  Whoever  shall  obstruct  or  encumber  any 
street  or  street  corner,  or  any  public  place  of  the  city, 
by  lounging  in  or  about  the  same,  and  after  being 
ordered  to  move  on  by  any  police  officer,  the  person 
so  offending  shall  be  subject  to  a penalty  of  not  less 
than  three  dollars  nor  more  than  fifty  dollars  for  each 
offense. 

298  Vicious  or  Mischievous  Animals  not  A lloiued — 
Penalty.  Sec.  13.  Whoever  shall  knowingly  permit  or 
allow  any  vicious,  unruly  or  mischievous  animal,  owned 
or  kept  by  him,  to  escape  from  his  custody  or  control 
within  the  city  limits,  or  shall  exhibit  such  animal  or 
animals  in  the  streets,  alleys  or  other  place  within  said 
city  to  the  annoyance  or  danger  of  any  person,  or  the 
injury  or  damage  of  any  property,  shall  be  subject  to  a 


CITY  OF  CARBONDALE 


I 29 


fine  of  not  less  than  five  dollars  nor  exceeding  fifty 
dollars. 

299  Disorderly  House  for  Idleness , Gaming,  Etc . — 
Penalty.  Sec.  14.  W hoever  shall  keep  a common,  ill- 
governed  and  disorderly  house,  to  the  encouragement 
of  idleness,  gaming,  drinking,  fornication  or  other  mis- 
behavior, shall  be  fined  not  less  than  ten  dollars  and 
not  exceeding  two  hundred  dollars. 

300  Throwing  Stones , Etc.,  in  Public  Places — Pen- 
alty. Sec.  15.  No  boy  or  other  person  shall  purposely 
or  heedlessly  cast  or  throw  any  stone,  brickbat,  clod  or 
other  missile  from  or  into  any  public  place,  or  at  any 
house  or  person,  within  the  city,  under  a penalty,  in 
each  case,  of  not  less  than  one  dollar  nor  exceeding 
five  dollars. 

301  Climbing  on  Vehicles  While  in  Motion.  Penalty. 
Sec.  16.  No  boy  or  other  person  shall  climb  upon  or 
into  any  wagon,  carriage,  sleigh  or  other  vehicle,  while 
the  same  may  be  in  motion,  or  attach  his  sled  or  cart 
to  any  such  vehicle,  without  the  consent  of  the  driver 
thereof,  or  shall  otherwise  wilfully  molest  or  annoy  any 
person  in  said  city,  under  a penalty  of  not  less  than  one 
dollar  nor  more  than  five  dollars  in  each  case. 

302  Playing  or  Pitching  Ball , Etc.,  Prohibited — 
Penalty.  Sec.  17.  It  shall  be  unlawful  for  any  person 
or  persons  to  play  baseball  or  to  throw,  pitch  or  toss 
any  baseball,  catch  ball,  yarn  ball,  rubber  ball,  yarn  and 
rubber  ball,  snow  ball,  or  other  ball,  or  fly  or  raise  any 
kite,  on  any  of  the  streets,  avenues,  sidewalks  or  alleys, 
or  engage  in  any  sport  or  exercise  likely  to  frighten 
horses,  injure  passengers,  embarrass  the  passage  of 
vehicles  or  obstruct  the  business  of  other  people  within 
the  limits  of  the  city.  Every  person  who  shall  violate 
the  provisions  of  this  section  shall,  on  conviction,  be 
fined  not  less  than  one  nor  more  than  ten  dollars. 


ORDINANCES  OF  THE 


130 


ARTICLE  II. 


OFFENSES  AGAINST  THE  POLICE  AND  MORALS  OF  THE  CITY. 

303  Drunkenness — Penalty.  Section  i.  Whoever 
shall  be  found  in  any  street,  alley  or  other  public  place, 
or  in  any  private  house  or  place,  to  the  annoyance  of 
any  person,  within  the  limits  of  the  city,  exposed  to 
public  view  therein  in  a state  of  intoxication  or  drunk- 
enness, shall,  on  conviction,  be  fined  not  less  than  three 
nor  more  than  fifty  dollars;  provided,  a trial  of  such  per- 
son shall  not  be  had  for  such  offense  until  he  or  she 
shall  have  become  sufficiently  sobered  as  to  have 
reasonable  control  of  his  or  her  mental  faculties,  but  he 
or  she  may  be  confined  or  kept  from  public  view  until 
in  a fit  condition  for  trial. 

Power  to  prevent,  etc.  Chapter  24,  Article  V,  Section  1 , 
Clause  59. 


304  Firearms  Fireworks , Etc.,  Prohibited. — Penalty. 
Sec.  19.  Whoever,  within  the  limits  of  the  city,  shall 
* fire  or  discharge  any  gun,  cannon,  fowling  piece,  pistol 
or  firearms  of  any  description,  or  fire,  explode  or  set 
off  any  squib,  cracker  or  anything  containing  powder 
or  other  explosive  substance  shall,  on  conviction,  be 
fined  not  less  than  three  nor  more  than  fifty  dollars; 
provided , this  section  shall  not  apply  to  the  burning  of 
powder  upon  national  holidays  or  to  the  celebration  of 
general  and  public  events;  and  provided,  further,  that  it 
shall  be  unlawful  for  any  person  or  persons  to  fire  or 
discharge  any  giant  firecracker  or  dynamite  stick  at 
any  and  all  times  whatsoever  national  holidays  and  the 
celebration  of  general  and  public  events  not  excepted, 
under  a penalty  of  not  less  than  three  dollars  nor  more 
than  fifty  dollars. 

Power  to  control,  etc.  Chapter  24,  Article  V,  Section  1, 
Clause  65. 


CITY  OF  CARBONDALE 


13 


305  Obscene  Literature , Pictures , Etc.,  Prohibited — 
Penalty.  Sec.  20.  Whoever,  upon  any  building,  bul- 
letin board,  post,  pole,  fence  or  other  structure  or 
thing,  or  in  any  public  place,  within  the  limits  of  the 
city,  shall  write,  mark,  cut,  draw,  paint  or  otherwise 
make,  or  shall  leave,  put  up  or  expose  to  view  any 
obscene,  lewd  or  indecent  word,  line,  sentence,  picture, 
painting,  drawing  or  other  character  or  caricature,  and 
whoever  shall,  within  the  limits  of  the  city,  sell,  expose 
or  offer  for  sale,  circulate,  distribute  or  expose,  or  offer 
for  circulation  or  distribution,  whether  for  gain,  fee  or 
reward,  or  gratuitously,  any  obscene,  lewd  or  indecent 
book,  pamphlet,  circular,  periodical,  paper,  picture, 
drawing,  painting  or  other  character  or  caricature  shall, 
on  conviction,  be  fined  not  less  than  three  nor  more 
than  two  hundred  dollars. 

Power  to  prevent,  etc.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clauses  18,  66. 

306  Disorderly  House — Penalty.  Sec.  21.  Whoever, 
within  the  limits  of  the  city,  or  within  three  miles  of  the 
outer  boundaries  thereof,  shall  keep  or  maintain,  or  in 
any  house  or  place  owned,  possessed,  occupied  or  con- 
trolled by  him,  his  agents  or  servants,  shall  suffer  or 
permit  to  be  kept  or  maintained,  an  ill-governed  or  dis- 
orderly house,  bawdy  house,  house  of  illfame,  or  assig- 
nation house,  shall,  on  conviction,  be  fined  not  less  than 
three  nor  more  than  one  hundred  dollars. 

Power  to  prohibit.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  45.  Ibid,  Sections  245,  246. 

Disorderly  house — what  deemed.  R.  S.  Chapter  38,  Section  57. 

See  Bouv.  Die.  under  “House  of  Illfame”  and  the  authorities 
there  cited. 

307  Fornicatio7t — Keeping  House  or  Women  for  Prac- 
tice Of — Penalty.  Sec.  22.  Whoever,  within  the  limits 
of  the  city,  or  within  three  miles  of  the  outer  bound- 
aries thereof,  shall  live  in  a state  of  open  adultery  or 
fornication,  or  shall  keep  or  maintain  any  house  or 
place  for  the  practice  of  adultery  or  fornication,  or  other 


ORDINANCES  OF  THE 


1 32 


act  or  acts  tending  to  debauch  the  morals  of  the  city; 
or  shall,  in  any  house  or  place  owned,  kept  or  occupied 
by  himself,  his  agents  or  servants,  procure  or  permit 
any  person  to  practice  adultery,  fornication  or  other 
act  of  lewdness  or  indecency;  or  shall  keep  or  maintain, 
or  procure,  or  suffer  to  be  kept  or  maintained,  in  any 
house  or  place,  any  whore,  common  strumpet,  or  other 
lewd  or  abandoned  woman  or  women  for  the  practice 
or  to  the  encouragement  of  adultery  or  fornication  or 
other  lewd  or  lascivious  act  or  acts  tending  to  debauch 
the  morals  of  the  city,  shall,  on  conviction,  in  either  or 
any  such  case,  be  fined  not  less  than  three  nor  more 
than  one  hundred  dollars. 

Fornication  defined.  Bouv.  Dictionary,  title  “Fornication. 

308  Frequenting  House  of  I Ilf  ante,  Etc . — Penalty — 
Sec.  23.  Whoever,  within  the  limits  of  the  city,  or 
within  three  miles  of  the  outer  boundaries  thereof,  shall 
frequent,  live  in,  loiter  about,  or  in  any  manner  encour- 
age or  contribute  to  the  support  of,  or  be  maintained 
or  supported  by  the  earnings  of,  or  shall  permit  or  en- 
tice any  minor  to  visit  or  frequent  any  ill-governed  or 
disorderly  house,  bawdy  house,  house  of  illfame  or 
assignation  house,  or  whoever  shall  live,  or  be  main- 
tained upon  or  by  the  earnings  of  any  whore,  common 
strumpet,  or  other  lewd  woman,  shall,  on  conviction,  be 
fined  not  less  than  ten  nor  more  than  two  hundred 
dollars. 


309  Prostitutes — Street  Walkers — Penalty.  Sec.  24. 
Whoever,  being  a female,  within  the  limits  of  the  city, 
shall  procure,  solicit  or  suffer  the  prostitution  of  her 
person  with  acts  of  fornication  or  other  lewdness  shall, 
on  conviction,  be  fined  not  less  than  three  nor  more 
than  one  hundred  dollars.  And  any  female  of  lewd  or 
abandoned  character  who  shall  be  found  loitering  in  or 
about  any  street,  alley  or  other  public  place  at  late  and 
unusual  hours  of  the  night  time,  unaccompanied  by  any 
other  person,  and  under  such  circumstances  as  are 
wholly  inconsistent  with  prudent  and  virtuous  inten- 


CITY  OF  CARBONDALE 


tions,  shall,  on  conviction,  be  fined  not  less  than  three 
nor  more  than  one  hundred  dollars. 

Power  to  restrain  and  punish.  R.  S.  Chapter  24,  Article  V, 
Section  1,  Clause  74. 

310  Indecent  Exposure  of  Any  Animal — Penalty. 
Sec.  25.  Whoever,  being  the  owner  or  keeper  of  any 
stallion,  jackass,  or  bull  above  the  age  of  two  years, 
shall  expose  the  same  to  public  view,  within  the  limits 
of  the  city,  by  hitching  or  leaving  the  same  standing  or 
remaining  in  any  public  place,  or  in  any  other  manner 
shall  instigate,  cause  or  procure,  or  in  any  manner, 
assist  in  any  indecent  exhibition  of  any  animal,  or  shall 
exhibit  or  perform  any  indecent,  immoral  or  lewd  play 
or  show  or  representation  of  any  kind,  shall,  on  convic- 
tion, be  fined  not  less  than  five  nor  more  than  one  hun- 
dred dollars. 

31 1 Cock  Fighting,  Etc. — Prohibited — Penalty.  Sec. 
26.  Whoever,  within  the  limits  of  the  city,  shall  insti- 
gate, cause  or  procure  any  dog  fight,  prize  fight,  cock 
fight,  or  any  public  or  private  fighting,  shall,  on  convic- 
tion, be  fined  not  less  than  five  nor  more  than  fifty 
dollars. 

312  Gaming — Penalty.  Sec.  27.  Whoever,  within 
the  limits  of  the  city,  shall  play  for  money  or  other  val- 
uable thing  at  any  game  with  cards,  dice,  checks  or 
with  any  other  article,  instrument  or  thing  whatever 
which  may  be  used  for  the  purpose  of  playing  or  bet- 
ting upon,  or  winning  or  losing  money  or  anything  of 
value,  or  shall  bet  on  any  game  others  may  be  playing, 
shall,  on  conviction,  be  fined  not  less  than  ten  nor  more 
than  one  hundred  dollars. 

Power  to  prevent.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  45. 

313  Keeping  Gaming  House,  Etc. — -Prohibited — Pen- 
alty. Sec.  28.  Whoever,  within  the  limits  of  the  city, 
shall  keep  a common  gaming  house,  or  in  any  building, 
booth,  yard  or  other  place  by  him  or  his  agent  used  or 
occupied,  procure  or  permit  any  persons  to  frequent  or 


134 


ORDINANCES  OF  THE 


come  together  to  play  for  money  or  other  valuable 
thing  at  any  game,  or  shall  keep  or  suffer  to  be  kept 
any  tables  or  other  apparatus  for  the  purpose  of  play- 
ing at  any  game  or  sport  for  money  or  any  valuable 
thing,  or  shall  keep  or  rent  any  such  place  for  any  such 
purpose,  shall,  on  conviction,  be  fined  not  less  than 
twenty-five  nor  more  than  two  hundred  dollars. 

Power  to  prevent,  etc.  R.  S.  Chapter  24,  Article  V,  Section  1. 
Clause  45. 

314  AdiLlterating  Foods , Etc.  — Penalty . Sec  29. 
Whoever,  within  the  limits  of  the  city,  adulterates  or 
renders  unwholesome  any  bread  or  other  substance  in- 
tended for  food,  or  any  candy  or  confectionery,  or  any 
liquor  used  or  intended  for  drink,  or  any  milk,  or  who- 
ever knowingly  sells,  keeps  or  offers  for  sale  any  adul- 
terated or  unwholesome  food,  candy,  confectionery, 
liquor  or  milk,  shall,  on  conviction,  be  fined  not  less 
than  ten  nor  exceeding  one  hundred  dollars. 

City  has  power  to  regulate,  etc.  R.  S.  Chapter  24,  Article  V, 
Section  1,  Clauses  50,  51,  52,  53,  54,  55. 

Criminal  code.  R.  S.  Chapter  38,  Division  I,  Sections  7,  8, 
et.  seq. 

315  Cheating'  by  False  Weights  and  Measures — Pen- 
alty. Sec.  30.  Whoever,  within  the  limits  of  the  city, 
cheats  another  by  the  use  of  false  weights  or  measures 
in  the  sale  and  purchase  of  articles  of  food  or  merchan- 
dise, or  whoever  knowingly  uses  or  keeps  for  use  in  the 
sale  of  articles  of  food  or  merchandise  any  false  or 
incorrect  weights  or  measures,  or  any  improperly  bal- 
anced scales  or  steelyards,  with  intent  to  cheat  there- 
with in  the  sale  or  purchase  of  articles  of  food  or 
merchandise,  shall,  on  conviction,  be  fined  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars. 

Power  to  regulate,  etc.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clauses  52,  53,  54,  55. 

316  Amusement — Keeping  Open  on  Sunday — Penalty. 
Sec.  31.  Whoever,  within  the  limits  of  the  city,  keeps, 
or  knowingly  procures  or  suffers  to  be  kept,  open  on  the 


CITY  OF  CARBONDALE 


135 


Sabbath  day  any  ball  room,  dance  house,  billiard  room, 
pin  or  ball  alley,  show  or  other  similar  exhibition,  or 
any  other  place  of  amusement,  shall,  on  conviction,  be 
fined  not  less  than  three  nor  exceeding  one  hundred 
dollars. 

Power  to  regulate  places  of  amusement.  R.  S.  Chapter  24, 
Article  V,  Section  1,  Clause  58. 

317  Appearing  in  Strange  Dress — Penalty.  Sec.  32. 

Whoever,  within  the  limits  of  the  city,  shall  appear  or 
go  about  clad  in,  or  clothed  or  covered  with,  a dress  or 
costume,  or  wearing  apparel  or  habiliments  not  belong- 
ing to  or  worn  by  his  or  her  sex,  shall,  on  conviction, 
be  fined  not  less  than  one  dollar  nor  exceeding  ten  dol- 
lars: Provided , this  section  shall  not  apply  to  the  cele- 

bration of  Hallow’en,  national  holidays,  or  of  general 
and  public  events. 

See  note  to  section  33. 

318  Indecent  Exposure  of  Person — Penalty.  Sec.  33. 
Whoever,  in  any  street,  alley  or  other  place,  within  the 
limits  of  the  city,  shall  make  any  obscene  or  indecent 
exposure  of  his  or  her  person,  or  any  part  or  portion 
thereof,  shall,  on  conviction,  be  fined  not  less  than  five 
dollars  nor  exceeding  two  hundred  dollars. 

See  note  to  section  66. 

3 iq  Confidence  Game — Cappers — Enticing  Persons  to 
Enter  Gaming  House — Penalty.  Sec.  34.  Whoever  shall 
practice  any  confidence  game  within  the  city  limits,  or 
shall  be  guilty  of  decoying,  enticing,  or  in  any  manner 
inducing  another  to  engage  in  any  game  of  chance  with 
cards,  dice,  or  by  any  other  device  by  which  money  or 
other  valuable  thing  may  be  won  or  lost,  or  shall  act  in 
the  capacity  of  a “capper,”  “booster”  or  confidence 
man,  and  by  use  of  intoxicating  liquors  or  through  the 
aid  of  lewd  women  or  otherwise  entice  or  allure  any 
person  to  enter  any  apartment,  room  or  gaming  house 
with  intent  to  deprive  or  defraud  such  person  of  money 
or  other  valuable  thing,  shall,  on  conviction,  be  fined 


136 


ORDINANCES  OF  THE 


not  less  than  ten  dollars  and  not  more  than  two  hun- 
dred dollars. 

320  Women  Frequenting  Wine  Rooms  or  Saloons 
Prohibited.  Sec.  35.  It  shall  not  be  lawful  for  any 
owner  of  any  saloon,  or  other  place  where  vinous,  spir- 
itous,  malt  or  fermented  liquors  are  sold  or  given 
away,  to  employ  any  female  having  the  reputation 
of  being  lewd  as  waiters  or  as  carriers  of  beer  or 
any  other  thing,  or  to  permit  or  suffer  such  female 
or  females  to  frequent  his  or  her  place  where  any 
such  liquors  are  sold  or  given  away,  nor  shall  it  be 
lawful  for  any  such  person  to  have,  permit,  or  suffer 
any  dance,  ball  or  other  amusement  in  his  premises 
where  such  liquors  are  sold  or  given  away  or  place 
occupied  by  him  or  under  his  control,  or  permit  or 
suffer  any  female  having  the  reputation  of  being 
lewd  to  attend  any  such  dance,  ball  or  amusement; 
nor  shall  it  be  lawful  for  any  female  having  the 
reputation  of  being  lewd  to  frequent  or  enter 
any  wine  room  or  other  place  where  intoxicating 
liquors  are  sold  or  given  away.  Whoever  shall  be 
guilty  of  any  of  the  offences  herein  mentioned  shall, 
on  conviction,  be  fined  not  less  than  three  dollars 
nor  exceeding  twenty-five  dollars. 

32  t Idling  About  Depots.  Sec.  36.  Any  person  who 
shall,  within  the  limits  of  the  city,  idle,  loaf  or  loiter  in 
or  around  the  depot  of  any  railway,  or  upon  the  plat- 
form or  grounds  adjoining  used  in  connection  there- 
with, and  any  person  who  shall  idle,  loaf  or  loiter  upon 
any  fence  upon  said  grounds  in  such  a way  as  to  im- 
pede or  obstruct  or  annoy  or  be  offensive  to  persons 
passing  to  and  from  said  depot  or  waiting  there,  or 
shall  jump  upon  or  from  any  locomotive  engine,  car 
or  train  of  cars  while  the  same  are  in  motion,  shall 
be  fined  not  less  than  three  dollars  nor  more  than 
fifty  dollars. 

322  Loitering  of  Females  on  Streets — Penalty.  Sec. 
37.  Any  person,  being  a female,  who  shall  in  any  man- 


CITY  OF  CARBONDALE 


I 37 


ner  ply  her  vocation  upon  the  streets,  alleys,  public 
places  or  parks  of  said  city  by  loitering  therein,  or  in 
any  manner  soliciting  to  acts  of  lewdness,  or  who  shall 
be  found  loitering  on  the  streets  at  any  time,  shall,  on 
conviction,  be  fined  not  less  than  three  dollars  nor  more 
than  one  hundred  dollars  for  each  offense. 

323  Collecting  Crowd  on  Sidewalk , Etc. — Refusing  to 
Disperse — Penalty.  Sec.  38.  Whoever,  by  any  outcry, 
harangue,  loud  talk  or  other  loud  or  unusual  noise, 
shall  assemble,  gather  or  collect  together,  or  cause  to 
assemble,  gather  or  collect  together,  upon  or  in  any 
sidewalk,  crosswalk,  crossing  or  pavement,  or  in  front 
of  any  postoffice  or  other  like  public  place,  or  in  front 
of  any  private  residence,  within  the  limits  of  the  city, 
any  crowd,  assembly  or  congregation  of  persons  ex- 
ceeding five  in  number;  and  whoever,  being  one  of  or 
in  or  among  any  crowd,  assembly  or  congregation  of 
persons  exceeding  five  in  number,  at,  upon  or  in  any 
such  place,  shall  refuse,  fail  or  neglect  to  disperse,  leave 
or  separate  from  any  such  crowd,  assembly  or  congre- 
gation when  ordered  by  any  officer  so  to  do,  shall,  on 
conviction,  be  fined  not  less  than  three  nor  more  than 
one  hundred  dollars;  and  it  is  the  duty  of  the  day  mar- 
shal, night  marshal  and  ail  police  officers  to  see  that 
this  section  is  rigidly  enforced;  provided , that  nothing 
herein,  or  any  other  section  of  this  ordinance  contained, 
is  intended  to  apply  to  the  case  of  any  sale  in  pursu- 
ance of  any  law  or  the  judgment  of  any  court. 

Power  of  city,  etc.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clauses  66,  72. 

324  Dog , Whelp  or  Other  Animal  Not  to  Be  Left 
Tied , Etc. — Penalty.  Sec.  39.  Whoever,  within  the 
limits  of  the  city,  shall  keep  any  dog,  whelp,  calf  or  any 
other  animal  shut  up  or  tied  up  in  any  yard,  house,  pen 
or  other  place,  which  by  barking,  howling  or  by  other 
noises,  shall  disturb  the  peace  and  quiet  of  any  family, 
individual  or  neighborhood,  shall,  on  conviction,  be 
fined  not  less  than  three  nor  more  than  fifty  dollars. 

See  note  to  section  43. 


ORDINANCES  OF  THE 


n8 


ARTICLE  III. 


MISCELLANEOUS  OFFENSES. 

325  Loafers , Beggars,  Etc.,  Prohibited — Penalty.  Sec. 
40.  Whoever,  being  able  to  labor  and  maintain  himself 
or  herself  in  some  legitimate  manner,  shall  be  found 
within  the  limits  of  the  city  without  any  known  or  vis- 
ible means  of  sustaining  himself  or  herself,  going  about 
begging,  pilfering  or  using  any  juggling  or  any  other 
unlawful  games  or  plays,  or  who  wilfully  neglects  all 
lawful  employment,  or  who  wilfully  fails,  neglects  or  re- 
fuses to  provide  for  himself  or  herself,  or  habitually 
misspends  his  or  her  time  frequenting  houses  or  places 
of  illfame,  or  houses  or  places  where  liquor  is  sold  or 
drank,  or  who  habitually  indulges  to  excess  in  intoxi- 
cating liquors  or,  otherwise  habitually  leads  an  idle,  dis- 
solute or  immoral  course  of  life,  or  who  shall  habitually 
sleep  in  the  open  air,  sheds,  box  cars,  stables  or  out- 
houses without  being  able  to  give  a good  account  of 
himself  or  herself,  shall  be  deemed  a vagrant,  and,  on 
conviction,  shall  be  fined  not  less  than  five  nor  more 
than  two  hundred  dollars. 

Power  to  prohibit,  etc.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  74. 

326  Aiding  Prisoner  to  Escape.  Sec.  41.  Whoever, 
within  the  limits  of  the  city,  shall  abet,  aid  or  encourage 
the  rescue  or  escape  from  prison  of  any  person  legally 
committed  thereto,  or  shall  supply  or  attempt  to  supply 
any  such  person  with  any  weapon  or  with  any  imple- 
ment or  means  of  escape  while  in  prison  or  in  the 
custody  of  any  officer  of  said  city,  shall,  on  conviction, 
be  fined  not  less  than  ten  nor  more  than  two  hundred 
dollars. 

Power  of  city  council.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  69. 


CITY  OF  CARBONDALE 


139 


327  Bicycles , Etc.,  on  Sidewalk  Prohibited — Penalty. 
Sec.  42.  Whoever,  within  the  limits  of  the  city,  shall 
ride  any  bicycle,  tricycle  or  other  vehicle  upon  any  side- 
walk shall,  on  conviction,  be  fined  not  less  than  three 
nor  more  than  twenty-five  dollars. 

To  prevent  encroachments  on  sidewalks,  etc.  R.  S.  Chapter  24, 
Article  V,  Section  1,  Clause  10. 

328  Tormenting  Children — Penalty.  Sec.  43.  Who- 
ever, within  the  limits  of  the  city,  shall  maliciously  or 
wilfully  tease,  torment  or  worry  any  child  under  sixteen 
years  of  age  by  indecently  exposing  the  person  of  such 
child,  or  in  any  other  wanton  manner,  shall,  on  convic- 
tion, be  fined  not  less  than  three  nor  more  than  fifty 
dollars. 


329  Hitching  on  Sidewalk , Etc.,  Prohibited — Penalty. 
Sec.  44.  Whoever,  within  the  limits  of  the  city,  shall 
fasten  or  leave  standing  any  horse  or  other  animal  on 
any  paved  or  improved  sidewalk,  or  shall  leave  stand- 
ing unfastened  therein  any  horse  or  other  animal,  or 
team  of  horses  or  other  animals  in  harness  or  attached 
to  any  wagon  or  other  vehicle  so  that  the  same  may  be 
liable  to  run  away,  or  cause,  suffer  or  allow  any  of  the 
same  to  pass  through  any  street,  alley  or  public  place 
without  a suitable  driver,  or  ride  or  drive  any  of  the 
same  violently  through  or  along  any  street,  alley  or 
public  place,  or  stop  any  team  at  the  regular  crossing 
of  streets  so  as  to  prevent  free  passage  for  foot  passen- 
gers, or  fasten  any  such  anima*l  aforesaid  in  such  a way 
that  the  animal  or  vehicle,  reins  or  lines  attached  to 
said  animal  shall  obstruct  the  free  use  of  the  sidewalk, 
shall,  on  conviction,  be  fined  not  less  than  three  nor 
more  than  fifty  dollars. 

Power  of  city  to  regulate.  R.  S.  Chapter  24,  Article  5,  Section 
1,  Clauses  10,  14,  21. 

330  Hitching — What  Prohibited — Penalty.  Sec.  45. 
Whoever  shall,  within  the  limits  of  the  city,  fasten  any 
horse  or  other  animal  to  any  fence,  railing  or  tree  or 
boxing  around  any  tree  without  consent  of  the  owner 
thereof,  or  to  any  shade  or  ornamental  tree  or  the  box- 


140 


ORDINANCES  OF  THE 


ing  or  railing  around  the  same,  which  may  be  standing 
or  growing  upon  any  street  of  the  city,  or  shall  cut,  in- 
jure, bend  or  climb  upon  any  shade  or  ornamental  tree 
or  boxing  around  the  same  standing  upon  any  street  of 
the  city,  shall,  on  conviction,  be  fined  not  less  than 
three  nor  more  than  fifty  dollars. 

Power  to  regulate.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  9. 

See  Baker  vs.  Town  of  Normal,  81—108. 

331  Not  to  Obstruct  Streets — Penalty.  Sec.  46.  No 
person  shall,  within  the  limits  of  the  city,  encumber  or 
obstruct  any  street,  alley  or  sidewalk  or  any  part 
thereof,  with  building  materials,  wagons,  buggies,  im- 
plements, boxes  or  any  article  or  thing  whatever  with- 
out first  having  obtained  the  written  permission  of  the 
mayor;  nor  shall  any  person,  except  in  case  of  urgent 
necessity,  obstruct  more  than  one-third  of  any  street 
and  no  part  of  any  sidewalk;  provided , the  above  shall 
not  apply  to  hitched  wagons  and  teams  and  the  use  of 
the  streets  for  travel,  traffic,  etc.  Any  person  violating 
any  of  the  provisions  of  this  section  shall,  on  convic- 
tion, be  fined  not  less  than  five  nor  more  than  fifty 
dollars. 

Power  to  regulate.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  17. 

See  Nelson  vs.  Godfrey,  12  111.,  20. 

332  Injury  to  Sidewjxlks  and  Crosszvalks.  Sec.  47 
Whoever  shall,  within  the  limits  of  the  city,  injure  or 
tear  up  any  pavement,  side  or  crosswalk,  or  any  part 
thereof,  or  dig  any  hole,  ditch  or  drain  in,  or  dig  or  re- 
move any  sod,  stone,  earth,  sand  or  gravel  from,  any 
street,  alley  or  public  ground  of  said  city,  without  first 
having  obtained  the  written  permission  of  the  mayor 
so  to  do,  shall,  on  conviction,  be  fined  not  less  than  five 
nor  more  than  fifty  dollars. 

Power  to  prevent.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  15. 

See  Seneca  Falls  vs.  Zalniski,  15  N.  Y.,  571. 

City  of  Chicago  vs.  Hay,  75  111.,  530. 


CITY  OF  CARBONDALE 


HI 


333  Sale  of  Diseased  Meats  Prohibited — Penalty . Sec. 
48.  Whoever  shall,  within  the  limits  of  the  city,  know- 
ingly sell,  or  expose  or  offer  for  sale,  any  sick  or  dis- 
eased animal,  poultry  or  fish,  to  be  used  or  eaten  as 
food,  or  the  flesh  of  any  diseased,  sick  or  otherwise  un- 
wholesome dead  animal,  poultry  or  fish,  or  the  flesh  of 
any  animal,  fowl  or  fish  not  used  or  deemed  wholesome 
for  food,  or  any  other  unsound  or  unwholesome  or 
adulterated  provisions  or  articles  of  food,  or  any  per- 
nicious or  adulterated  milk,  drink  or  liquors,  shall,  on 
conviction,  be  fined  not  less  than  five  nor  more  than 
one  hundred  dollars. 

Power  of  city  to  regulate.  R.  S.  Chapter  24,  Article  V,  Section 
1,  Clause  50. 


334  Defacing  Posters , Etc.,  Proh  ibited — Penalty . Sec. 
49.  Whoever  shall,  within  the  limits  of  the  city,  wil- 
fully and  maliciously  tear  down,  mutilate  and  deface, 
or  render  illegible,  any  notice,  hand-bill  or  poster  law- 
fully posted  upon  any  street,  alley  or  other  place  in  said 
city,  shall,  on  conviction,  be  fined  not  less  than  five  nor 
more  than  fifty  dollars. 

Power  of  city  to  regulate.  R.  S.  Chapter  24,  Article  V,  Section 
1,  Clause  17. 


335  Encroaching  on  Sidewalk  Prohibited — Penalty. 
Sec.  50.  Whoever  shall,  within  the  limits  of  the  city, 
make  or  cause  to  be  made  any  structure,  enclosure, 
fence,  cellar  door,  stairway  or  building  encroaching  in 
whole  or  in  part  upon  any  street,  alley  or  sidewalk naf 
said  city,  shall,  on  conviction,  be  fined  not  less  than, five 
nor  more  than  two  hundred  dollars.  A municipal  cor- 
poration has  no  power  to  authorize  the  owner  of  a.-lojt 
to  erect  a stairway  extending  into  a public  street  or 
alley;  such  a structure  is  in  itself  a nuisance.  i;  , 


Pettis  vs.  Johnson,  Supreme  Court  of  Indiana.  Reported  fin 
Monthly  Jurist,  1877,  p.  368.  ! V jJ  i 

y n :io 

To  prevent  encroachments.  R.  S.  Chapter  24,  Article  Vj.'Sre^op 

1 , Clause  10.  ' 

no  nx;  J 


ORDINANCES  OF  THE 


142 


336  Turning  Water  From  Hose  on  Person  or  Prem- 
ises— Penalty . Sec.  51.  Whoever,  within  the  limits  of 
the  city,  shall  wilfully  turn  any  stream  of  water  from 
any  fire  hose  or  hydrant  upon.any  other  person,  or  the 
property  or  premises  of  any  other  person,  shall,  on  con- 
viction, be  fined  not  less  than  three  dollars  nor  exceed- 
ing twenty-five  dollars. 

337  Posting  Bills , Etc.,  Prohibited — Penalty.  Sec. 
52.  Whoever  shall  paste,  put  up,  paint,  nail,  stick  or  in 
any  other  manner  fasten  to  any  lamp,  lamp  post,  tele- 
graph, telephone  or  electric  light  pole  or  mast  or  street 
guide  post,  or  to  any  ornamental  or  shade  tree,  or  to  or 
against  any  city  or  other  public  building,  within  the 
limits  of  the  city,  or  shall,  without  the  consent  of  the 
owner  or  occupant,  paste,  put  up,  paint,  nail,  stick  or  in 
any  manner  fasten  to  or  upon  any  private  wall,  door, 
gate,  building,  fence  or  other  structure  any  hand  bill, 
show  bill,  placard,  notice,  announcement  or  other  ad- 
vertisement, shall,  on  conviction,  be  fined  not  less  than 
one  dollar  nor  more  than  twenty-five  dollars. 

To  prevent  use  of  streets  for,  etc.  R.  S.  Chapter  24,  Article  V, 
Section  1,  Clauses  17,  18. 

338  Malicious  Mischief . Sec.  53.  W hoever,  within 
the  limits  of  the  city,  shall  wilfully  and  maliciously  tear 
up,  injure,  deface  or  destroy  any  sidewalk,  curbing 
street  paving  or  crossing  upon  any  street,  alley  or  public 
ground;  or  any  fire  alarm,  or  sewer,  drain  or  any  other 
municipal  improvement;  or  any  building  or  bridge  or 
any  other  property,  real  or  personal,  belonging  to  the 
cityr  or  belonging  to  any  private  person  within  or  with- 
out the  city;  or  any  property  used  in  any7  business  im- 
pressed with  a public  interest  and  usually  designated  as 
a public  service  corporation,  viz:  water  works,  gas,  elec- 
tric light,  telegraph,  telephone,  street  railway  or  steam 
heating  companies;  or  who  shall  maliciously  and  wil- 
fully interfere  or  meddle  in  any7  way  with  the  operation 
of  any  such  business  or  property  as  before  enumerated, 
shall,  in  either  case,  be  fined  not  less  than  five  nor  more 
than  one  hundred  dollars. 


CITY  OF  CARBONDALE 


M3 


339  Trespass — Penalty.  Sec.  54.  Whoever  shall  be 
found  trespassing  upon  the  premises  of  another  within 
the  limits  of  the  city,  or  whoever  shall  trespass  upon 
any  private  premises  or  public  grounds  and  injure,  de- 
stroy or  carry  away  any  flower,  fruit,  vegetable,  plant, 
shrub,  tree  or  other  thing  which  may  be  there  for  orna- 
ment or  otherwise  shall  be  subject  to  a penalty  of  not 
less  than  three  dollars  and  not  exceeding  one  hundred 
dollars. 


340  Sling  Shots , Etc . Sec.  55.  The  use  of  sling 
shots  or  similar  instruments  or  devices  for  the  projec- 
tion or  throwing  of  stones,  bullets  or  any  hard  sub- 
stance is  prohibited,  and  likewise  it  is  prohibited  for 
any  person  to  have  the  same  in  possession,  under  a pen- 
alty in  either  case  of  not  less  than  one  dollar  nor  more 
than  twenty  dollars,  and  it  is  hereby  made  the  duty  of 
every  police  officer  to  take  possession  of  and  destroy 
every  such  sling  shot  or  other  instrument. 

341  Possession  of  Burglar  Tools— Penalty . Sec.  56. 
Whoever  shall  have  in  his  possession  any  nippers  of 
the  description  known  as  burglars’  nippers,  or  any  pick- 
lock,  skeleton  key,  key  to  be  used  with  a bit  or  bits, 
jimmy  or  other  burglars’  tool  or  instrument  of  whatever 
kind  or  description,  unless  it  be  shown  that  such  posses- 
sion is  innocent  or  for  a lawful  purpose,  shall  be  fined 
not  less  than  twenty-five  dollars  nor  more  than  two 
hundred  dollars. 

342  Loitering  of  Boys  About  Churches — Penalty.  Sec. 
57.  It  shall  be  unlawful  for  boys  to  loiter  or  congregate 
upon  the  streets,  sidewalks  or  alleys  of  this  city  in  the 
vicinity  of  any  church,  school,  theater,  hotel,  railroad 
depot,  store,  factory  or  other  public  place  to  the  annoy- 
ance or  disturbance  of  any  person  or  persons.  Any  two 
or  more  boys  who  shall  be  loitering  or  strolling  about 
the  streets  or  alleys,  or  who  shall  congregate  upon  the 
streets,  sidewalks  or  alleys  of  the  city  in  the  vicinity  of 
any  such  church,  school,  theater,  hotel,  railroad  depot, 
store,  factory  or  other  public  place,  and  who  shall  re- 


144 


ORDINANCES  OF  THE 


fuse  to  disperse  and  go  to  their  respective  homes  when 
requested  to  do  so  by  any  member  of  the  police  force 
or  by  an}7  person  annoyed  thereby,  shall,  on  conviction, 
be  fined  not  less  than  one  dollar  nor  more  than  ten  dol- 
lars for  each  offense. 

343  Lotteries  — Penalty.  Sec.  58.  W hoever  shall 
maintain  or  run  or  be  in  any  way  connected  with  any 
lottery,  or  in  any  other  enterprise  or  business  by  what- 
ever name  the  same  may  be  known,  wherein  any  prop- 
erty is  sold  or  disposed  of  by  chance,  or  whoever  shall 
sell  or  dispose  of  any  lottery  ticket  or  share  or  any 
chance,  or  any  article  or  thing  entitling  or  purporting 
to  entitle  the  purchaser  thereof  to  any  chance,  or  who- 
ever shall  sell  or  dispose  of  any  package  or  article  pur- 
porting to  contain  a prize,  or  where  as  an  inducement 
it  is  held  out  that  such  article  or  package  may  contain 
a prize  or  may  entitle  the  purchaser  to  some  article  or 
thing  of  value  not  directly  contemplated  and  known  in 
the  purchase,  shall,  on  conviction,  be  fined  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars. 

344  Vagrants — Penalty.  Sec.  59.  Any  person  who 
is  a vagrant  or  vagabond,  or  whoever  is  guilty  of 
vagrancy  as  defined  by  the  statutes  of  this  State,  shall 
be  fined  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars. 

345  Burning  Papers , Shavings,  Etc.  in  Public  Place — 
Penalty.  Sec.  60.  No  person,  unless  it  may  be  raining 
at  the  time,  or  the  air  be  still,  shall  set  fire  to  or  burn 
any  papers,  shavings,  straw  or  other  combustible  mate- 
rials in  any  open  or  public  place  within  the  city;  nor 
shall  any  person,  at  any  time,  set  fire  to  or  burn  any 
such  combustible  materials  within  thirty  feet  of  any 
building  or  other  property  likely  to  be  endangered  or 
damaged  thereby,  under  a penalty,  in  each  case,  of  not 
less  than  three  dollars  nor  more  than  twenty  dollars. 

346  Straw  or  Shavings  Not  to  be  Strewn  Near  Any 
Building  —Penalty.  Sec.  61.  No  person  shall  strew, 


CITY  OF  CARBONDALE 


145 


trail  or  leave  any  shavings,  straw  or  other  like  com- 
bustible materials  in,  around  or  near  any  building  or 
other  property  so  as  to  endanger  or  be  likely  to  en- 
danger or  damage  the  same  in  case  of  hre,  under  a 
penalty  of  not  less  than  one  dollar  nor  more  than  five 
dollars  for  each  offense. 

347  Accessories — Penalty.  Sec.  62.  Whoever  aids, 
abets,  assists,  advises  or  encourages  the  commission  of 
any  act  prohibited  by  ordinance,  or  by  any  direct  means 
procures  any  such  offense  to  be  committed,  or  whoever 
commits  an  offense  through  the  intervention  of  an 
agent,  servant,  employe  or  person  under  his  control, 
shall  be  deemed  guilty  to  the  same  extent,  and  may  be 
proceeded  against  in  the  same  manner,  as  though  said 
offense  had  been  committed  by  him  directly  and  with 
his  own  hand;  and  any  such  agent,  servant  or  other 
person  doing  any  prohibited  act  for  and  on  behalf  of 
another  shall  be  deemed  guilty  of  such  act  equally  with 
his  employer  or  principal,  and  be  subject  to  the  same 
penalty,  except  in  such  cases  where  a different  or  other 
penalty  is  provided  by  ordinance  for  such  agent  or 
employe. 

348  Attempt — Penalty.  Sec.  63.  Whoever  attempts 
to  commit  any  offense  prohibited  by  ordinance,  and 
does  any  act  toward  it  but  fails,  or  is  intercepted  or 
prevented  in  its  execution,  where  no  express  provision 
is  made  by  ordinance  for  the  punishment  of  such  at- 
tempt, shall,  on  conviction  of  such  attempt,  be  subject 
to  the  same  penalty  as  by  ordinance  prescribed  for  the 
actual  commission  of  the  offense. 

349  Assault  With  Deadly  Weapon — Penalty.  Sec. 
64.  Whoever,  within  the  limits  of  the  city,  shall  com- 
mit an  assault  with  a deadly  weapon  shall,  upon  con- 
viction, be  fined  not  less  than  twenty-five  dollars  nor  to 
exceed  two  hundred  dollars  for  each  offense. 

Forbidden  by  statute.  R.  S.  Chapter  38,  Criminal  Code,  Sec- 
tion 25. 


146 


ORDINANCES  OF  THE 


Deadly  weapons.  Chapter  38,  R.  S.,  Criminal  Code,  Sections 

54a-54g. 

What  is  a deadly  weapon.  Greshia  vs.  People,  53  111.,  299; 
Silgar  vs.  People,  107  111.,  573;  Hamilton  vs.  People,  113  111.,  38; 
McNary  vs.  People,  32  111.  App.,  62. 

A deadly  weapon  is  a weapon  likely  to  produce  death  or  great 
bodily  harm  by  the  use  made  of  it.  McNary  vs.  People,  32  111. 
App.,  62. 


ARTICLE  IV. 


PRACTICE. 

350  Process — Summons—  Warrant — Complaint.  Sec. 
65.  The  first  process  in  all  actions  to  recover  any  fine 
or  penalty  for  a violation  of  any  ordinance  shall  be  a 
summons;  provided , however , that  a warrant  for  the 
arrest  of  any  offender  may  issue  in  the  first  instance 
upon  the  affidavit  of  any  person  that  any  ordinance  has 
been  violated  and  that  the  person  making  the  com- 
plaint has  reasonable  grounds  to  believe  the  party 
charged  with  such  violation  is  guilty.  Such  complaint 
may  be  in  the  following  form: 

STATE  OE  ILLINOIS,/ 

County  of  Jackson,  - ss. 

City  of  Carbondale,  \ 

being  duly  sworn,  on  oath 

states  that  section of  chapter of  the  revised 

ordinances  (or  section of  ordinance  number , 

as  the  case  may  be,)  of  the  city  of  Carbondale  has  been 
violated;  that  he  has  reasonable  grounds  to  believe, 

and  does  believe,  that did,  on 

the day  of A.  D.  19 ....  y at  and 

within  the  limits  of  said  city,  in  the  county  and  State 
aforesaid,  commit  the  said  violation  and  was  and  is 


CITY  OF  CARBONDALE 


147 


guilty  thereof  in  this:  (Here  state  the  offense  and  the 

manner  of  committing  the  same.) 

Wherefore,  he  prays  that  a warrant  may  issue  for 

the  arrest  of  the  said 

Subscribed  and  sworn  to  before  me,  this of 

A.  D.  19 ...  . 


Police  Magistrate. 

Provisions  of  statutes.  Chapter  24.  Article  V,  Sections  5,  7. 
An  action  to  recover  for  violating  ordinances  is  a civil  action.  Hoyer 
vs.  Mascoutah,  59  111.,  137;  but  defendant  can  not  be  compelled  to 
testify  against  himself.  Day  vs.  City  of  Clinton,  6 111.  App.,  476. 

Several  fines  for  violations  may  be  recovered  in  one  action  if  the 
whole  sum  does  not  exceed  two  hundred  dollars.  Hensoldt  vs. 
Petersburg,  63  111.,  in. 

Imprisonment  may  properly  follow  the  non-payment  of  the  fine. 
Ex  parte  Bolling,  31  111.,  88. 

Section  12  of  Article  II  of  the  constitution  of  1870,  in  relation 
to  imprisonment  for  debt,  has  no  reference  to  suits  for  torts  or  pen- 
alties. People  vs.  Cotton,  14  111.,  414;  28  111.,  343;  43  111.,  213. 

351  When  Warrant  to  Issue  — Duty  of  Marshal. 
Sec.  66.  Upon  the  making  and  filing  of  such  complaint 
with  the  police  magistrate  a warrant  shall  immediately 
issue  directed  to  one  of  the  city  marshals,  the  sheriff  or 
any  constable  of  the  county,  commanding  him  to  arrest 
the  person  charged  and  bring  him,  her  or  them,  with- 
out unnecessary  delay,  before  the  police  magistrate  or 
some  justice  of  the  peace  of  the  city  for  trial.  And  it 
is  also  made  the  duty  of  the  city  marshals,  and  every 
police  officer,  without  warrant,  to  arrest  any  person 
whom  he  may  find  in  the  act  of  committing  any  crime 
or  violating  any  ordinance,  and  in  like  manner  take 
him  or  her  before  the  police  magistrate  or  some  justice 
of  the  peace  to  be  there  tried. 

Arrests  without  warrant.  R.  S.  Chapter  38,  Sections  340-346. 

Kindred  vs.  Stitt,  51  111.,  401  ; Shanley  vs.  Wells,  71  111.,  78. 

352  Trial — Time  to  Procure  Evidence — Recognizance. 
Sec.  67.  When  such  offender  or  offenders  are  brought 


1 48 


ORDINANCES  OF  THE 


before  the  police  magistrate  or  justice  of  the  peace,  he 
shall,  unless  a jury  be  demanded  as  hereinafter  pro- 
vided, proceed,  without  unreasonable  delay,  in  a sum- 
mary manner,  to  hear  the  evidence  in  the  cause  and 
render  judgment  thereon;  provided , the  said  magistrate 
or  justice  shall  allow  a reasonable  time  for  procuring 
the  attendance  of  witnesses,  both  for  the  city  and  for 
the  defense,  and  during  such  time  may,  in  his  discre- 
tion, order  the  officer  having  the  prisoner  in  charge,  or 
other  officer,  to  retain  the  defendant  or  defendants  in 
custody,  or  he  may  take  recognizance  from  such  de- 
fendant or  defendants  in  a sum  and  with  security  to  the 
satisfaction  of  the  magistrate  or  justice  for  his  or  her 
or  their  appearance  for  further  proceedings  in  the  case; 
provided , however , no  such  delay  for  procuring  the  at- 
tendance of  witnesses  shall  exceed  twenty-four  hours 
unless  the  case  be  regularly  continued  as  hereinafter 
provided. 

353  Recognizance — Form  Of.  Sec.  68.  The  re- 
cognizance provided  for  in  the  preceding  section  shall 
be  for  the  appearance  of  the  defendant  or  defendants 
on  the  day  and  hour  set  for  trial,  and  shall  obligate 
the  sureties  or  surety  to  pay  whatever  penalty  in  said 
recognizance  is  mentioned,  and  maybe  in  the  following 
form: 

STATE  OF  ILLINOIS,/ 

County  of  Jackson,  '>  ss. 

City  of  Carbondale,  \ 

Know  All  Men  By  These  Presents:  That  we ... . 


all  of  said  county,  are  held  and  firmly  bound  unto  the 

city  of  Carbondale  in  the  sum  of  dollars, 

to  be  levied  of  our  respective  goods  and  chattels,  lands 
and  tenements,  if  default  be  made  in  the  premises  and 
conditions  following,  to-wit: 

Whereas,  the  above  bounden 

was  on  this day  of , A.  D.  19 .... , 

arrested  and  brought  before  one 

police  magistrate  in  and  for  the  said  city,  county  and 


CITY  OF  CARBONDALE 


I4Q 


State  aforesaid,  for  examination  touching  and  concern- 
ing a charge  preferred  against  him  by  one 

to-wit:  A charge  of 


and  

the  said  examination  is  continued  by  the  said  police 

magistrate  until the day 

of ...  A.  D.  19 . . . . , at  ...  o’clock  . . . m. 

The  condition  of  the  above  obligation  is  such,  that 

if  the  above  bounden  shall  be 

and  appear  before  the  said  police  magistrate  on  the 
day  and  date  last  above  mentioned,  at  the  hour  afore- 
said, to  answer  and  be  examined  concerning  the  charge 
aforesaid,  and  not  depart  the  said  court  without  leave, 
and  obey  its  orders,  then  this  obligation  to  be  void, 
otherwise  to  remain  in  full  force  and  effect. 

(Seal.) 

(Seal.) 

(Seal.) 

Approved : 


Police  Magistrate. 


354  Default — Scire  Facias — Trial.  Sec.  69.  If  de- 
fault be  made  on  the  recognizance  provided  for  in  the 
preceding  section,  the  magistrate  shall  record  the  fact 
on  his  docket,  and  shall  proceed  to  the  trial  of  the  com- 
plaint on  its  merits  as  the  law  directs,  and  shall  render 
judgment  for  or  against  the  defendant  or  defendants, 
as  the  justice  of  the  case  requires,  and  shall  then  issue 
a scire  facias  against  the  parties  to  said  recognizance  to 
show  cause  why  they  should  not  be  made  parties  de- 
fendant to  said  judgment,  which  scire  facias  shall  be 
served  and  returned  in  like  manner,  and  all  proceedings 
thereon  be  the  same  as  in  like  proceedings  before  jus- 
tices of  the  peace;  provided , that  no  judgment  shall  be 
rendered  on  the  recognizance  for  a larger  amount  than 
the  total  of  the  fine  so  imposed  against  the  defendant 
or  defendants  and  costs  in  the  original  complaint  and 
the  costs  of  the  scire  facias. 


ORDINANCES  OP'  THE 


150 


355  Continuance — Affidavit — Recognizance.  Sec.  70. 
The  magistrate  or  justice  may,  for  good  cause  shown, 
continue  any  cause,  not  exceeding  ten  days  at  any  one 
time,  upon  the  application  of  any  party,  either  for  the 
city  or  the  defense,  but  such  application  shall  be  sup- 
ported by  affidavit  setting  forth  the  grounds  thereof  in 
like  manner  as  is,  or  may  be,  required  by  law  for  con- 
tinuances of  other  causes  before  justices  of  the  peace; 
and  upon  the  granting  of  such  continuance  the  magis- 
trate shall  require  the  defendant  or  defendants  to  enter 
recognizance  in  a sum  and  with  security  to  the  satisfac- 
tion of  the  magistrate  or  justice  for  his,  her  or  their  ap- 
pearance at  the  time  to  which  the  cause  is  continued, 
and  in  default  of  such  recognizance  may  order  him.  her 
or  them  to  be  retained  in  custody  by  the  marshal.  In 
case  recognizance  is  taken  and  default  be  made  on  such 
recognizance,  the  like  proceedings  shall  be  had  as  in 
case  of  default  on  other  recognizances. 

356  Change  of  Venue.  Sec.  71.  Changes  of  venue 
shall  be  allowed  in  city  cases  in  the  same  manner  as  in 
other  cases  before  justices  of  the  peace. 

357  Jury  Trial — Ve7'dict.  Sec.  72.  When  any  party 
charged  with  a violation  of  the  ordinances  of  the  city 
shall  be  brought  before  the  police  magistrate  or  any 
justice  of  the  peace  for  trial,  or  at  the  time  to  which  any 
cause  may  have  been  continued,  if  the  parties  be  ready 
for  trial  and  the  defendant  or  defendants  shall  demand 
a jury  and  pay  or  tender  the  fees  required  by  law  there- 
for, the  magistrate  or  justice  shall  immediately  issue 
and  deliver  to  one  of  the  city  marshals  or  other  officer 
attending  the  necessary  writ  to  summon  jurors,  which 
shall  be  by  such  officer  executed  without  necessary  de- 
lay, and  when  a jury  shall  have  been  selected  the  trial 
shall  proceed  before  the  magistrate  or  justice  and  jury 
in  like  manner  as  other  jury  trials  before  justices  of  the 
peace,  and  the  jury  shall  render  a verdict  according  to 
the  evidence.  If  they  find  the  defendant  or  defendants 
guilty  they  shall  assess  the  fine  or  penalty;  and  if  there 
be  more  than  one  defendant  and  the  jury  find  one  or 


CITY  OF  CARBONDALE 


151 


part  of  the  defendants  guilty  and  the  remainder  not 
guilty,  they  shall  so  return  in  their  verdict,  stating 
whom  they  find  not  guilty  and  whom  guilty,  with  the 
fine  or  penalty  assessed  by  them.  The  magistrate  or 
justice  shall  forthwith  record  the  verdict  of  the  jury 
and  render  judgment  thereon. 

358  Judgment — Costs.  Sec.  73.  In  all  cases  where 
the  defendant  or  defendants  are  found  not  guilty  on 
trial,  either  by  the  magistrate,  justice,  or  a jury,  he,  she 
or  they  shall  be  immediately  discharged,  and  in  case 
there  are  more  than  one  defendant  and  part  be  found 
not  guilty,  those  shall  be  discharged.  But  if  the  de- 
fendants, or  a part  of  them,  where  more  than  one  are 
tried,  be  found  guilty,  then  judgment  shall  be  rendered 
against  him  or  them  so  found  guilty  for  the  fine  or 
penalty  assessed  and  the  costs  of  suit,  which  shall  in- 
clude the  same  fees  to  and  for  the  magistrate  and  mar- 
shals as  are  allowed  by  law  to  justices  of  the  peace  and 
constables  in  similar  cases,  and  an  attorney’s  fee  of 
three  dollars. 

359  What  Persons  Not  Released.  Sec.  74.  No  per- 
son arrested  for  the  violation  of  any  ordinance  of  this 
city  shall  be  released  at  any  time  from  the  custody  of 
said  city  or  other  lawful  authority  so  long  as  the  con- 
duct, language  and  personal  appearance  of  such 
offender  are  calculated  to  lead  a prudent  and  reason- 
able person  to  suspect  that  such  person  is  an  idiot  or 
lunatic  or  so  far  under  the  sway  of  passion  or  influence 
of  intoxicating  liquors  that  the  public  peace  or  security 
of  any  person  would  be  jeopardized  by  the  release  of 
such  offender.  Any  officers  violating  the  provisions  of 
this  section  shall,  on  conviction,  be  fined  not  less  than 
ten  nor  more  than  fifty  dollars. 

360  Persons  Kept  Over  Sunday , Etc. — Recognizance. 
Sec.  75.  Any  person  arrested  for  any  offense  under 
any  ordinance  of  this  city  may  be  retained  in  custody 
in  the  city  prison  or  other  safe  place  during  Sunday,  a 
national  holiday,  and  over  night  and  for  a reasonable 


152 


ORDINANCES  OF  THE 


time  on  all  other  occasions  until  such  offender  can  be 
brought  for  trial  before  the  police  magistrate  or  proper 
justice;  provided , that  any  such  offender  so  arrested 
without  warrant,  except  for  cause  stated  in  section  74 
of  this  chapter,  may,  during  any  time  so  detained,  re- 
lease his  or  her  body  from  custody  by  entering  into 
recognizance  as  provided  for  in  sections  67  and  68  of 
this  chapter,  to  appear  within  three  days  thereafter 
before  the  police  magistrate  or  some  certain  justice  of 
said  city  at  a day  and  hour  to  be  fixed,  and  with  security 
to  be  approved  by  the  officer  making  the  arrest. 

A recognizance  entered  into  on  Sunday  is  valid.  Johnson  vs. 
The  People,  31  111.,  460. 

361  When  Defendant  Is  Corporation — Procedure. 
Sec.  76.  Where  the  offender  against  any  ordinance  of 
the  city  is  a corporation,  and  upon  trial  a verdict  shall 
be  rendered  against  such  corporation,  an  ordinary  judg- 
ment shall  be  entered  and  execution  issued,  and  subse- 
quent proceedings  of  levy  and  sale  be  had  as  are 
provided  for  in  the  statutes  of  this  State  in  civil  cases 
before  justices  of  the  peace. 

362  P'ines  to  Be  Paid  to  City  Treasurer.  Sec.  77. 
All  fines,  when  collected,  shall  be  paid  into  the  city’ 
treasury. 

363  Vexatious  Suits — Duty  of  City  Attorney  In.  Sec. 
78.  The  city  attorney  shall  not  be  compelled  to  bring 
or  prosecute  any  suit  where  he  may  be  satisfied  that 
the  complaint  is  instituted  vexatiously,  maliciously  or 
without  probable  cause,  and  that  the  interests  of  the 
public  or  of  the  city  will  not  be  advanced  thereby,  un- 
less the  costs  be  advanced  or  a bond  be  given  for  the 
costs. 


364  Mittimus  — How  Long  Continued  — Labor  on 
Streets — Form  of  Mittimus.  Sec.  79.  If  any  fine  and 
costs  be  not  paid  upon  the  rendition  of  judgment,  the 
magistrate  or  justice  rendering  such  judgment  shall, 


CITY  OF  CARBONDALE 


15  3 


unless  an  appeal  be  prayed  for  and  perfected,  order  the 
marshal  to  take  the  defendant  or  defendants  into  his 
custody  and  keep  him,  her  or  them  ’confined  in  the  city 
jail  until  such  fine  and  costs  be  paid;  provided , however , 
that  imprisonment  for  any  fine  or  penalty  and  costs 
shall  not  exceed,  in  any  event,  six  months;  and  provided , 
further , that  all  male  persons  of  sufficient  physical 
ability  shall  be  compelled  to  work  on  the  streets,  or  on 
a rock  pile  to  be  provided  by  the  city  council,  under  the 
direction  of  the  city  street  commissioner,  in  satisfaction 
of  any  fine  and  costs  recovered  against  such  persons  at 
the  rate  of  one  dollar  per  day  exclusive  of  board;  and 
provided , further,  also , that  any  person  or  persons  against 
whom  any  fine  and  costs  may  be  adjudged  or  recovered 
may  replevy  the  same  and  avoid  imprisonment  or  labor 
therefor  by  entering  into  recognizance  before  the  mag- 
istrate or  justice  before  whom  such  fine  and  costs  are 
recovered  in  double  the  amount  of  such  fine  and  costs, 
with  security  to  the  satisfaction  of  such  magistrate  or 
justice  for  the  payment  thereof  within  thirty  days.  The 
city  mittimus  may  be  in  the  following  form: 

STATE  OF  ILLINOIS,  j 
Jackson  County,  > ss. 

City  of  Carbondale,  ) 

The  people  of  the  Staet  of  Illinois,  to  the  city  mar- 
shals and  keeper  of  the  city  jail  of  the  city  of  Carbon- 
dale, Illinois,  or  any  constable  of  said  city,  or  of  said 
county,  or  any  member  of  the  police  force  of  the  city  of 
Carbondale,  Illinois, — Greeting: 

Whereas,  on  the day  of 

A.  D.  iQ.  . the  city  of  Carbondale,  Illinois,  recovered 

before  me  a judgment  for  the  sum  of 

dollars  penalty  and dollars  and 


cents  as  costs  against  one for  the 

violation  of  section of  chapter of  the 


revised  ordinances  of  said  city,  ordinance  numbered 
of  said  city,  by 


Now,  this  is  to  command  you,  in  the  name  and  by 
the  authority  of  said  people,  to  demand  of  said 


154 


ORDINANCES  OF  THE 


the  immediate  pay- 
ment, in  lawful  money,  of  said  judgment  for  penalty 
and  costs,  and  upon  his  failure  or  refusal  to  pay  the 
same,  on  such  demand,  that  you  arrest  and  take  the 

body  of  the  said 

and  him  deliver,  with  this  writ,  to  the  keeper  of  the  city 
jail  of  said  city,  and  we  command  you,  the  said  keeper, 

to  receive  the  body  of  him,  the  said 

and  him  safely  keep  in  the  city  jail,  or  other  safe  place 
of  custody  provided  by  the  authority  of  said  city,  and 

that  you  credit  him  with  the  sum  of dollar.  . 

for  each  day  actually  worked  by  him  under  your  direc- 
tion, until  said  judgment  for  penalty  and  costs  be  fully 
paid  and  a proportionate  period  of  time  thereafter  for 
any  part  of  said  judgment  for  penalty  and  costs,  less 

than  dollar.  .;  but  not  for  a period  of  time  in 

excess  of  six  months;  unless  such  judgment  for  penalty 

and  costs  be  sooner  satisfied  or  the  said 

be  otherwise  lawfully  discharged;  and, 

upon  such  discharge,  you,  the  said  keeper,  are  hereby 
directed  to  make  due  return  to  me  of  this  writ,  with 
your  endorsement  thereon,  showing  the  period  of  im- 
prisonment and  the  manner  of  discharge. 

Given  under  my  hand  and  seal  this day  of 

A.  I).  19.. 

(Seal.) 

Police  Magistrate  of  said  City 

The  above  mittimus  shall  be  endorsed  on  the  back 
in  the  following  form: 

MITTIMUS. 

City  of  Carbondale, 
vs. 


Executed  the  within  writ  by  demanding  of  the  within 
named  defendant  the  payment  of  the  said  judgment, 
which  he  then  and  there  paid,  or  refused  to  pay,  where- 
upon I arrested  the  body  of  the  said  defendant  and  de- 


CITY  OF  CARBONDALE 


55 


livered  him  into  the  custody  of  the  keeper  of  the  city 


jail,  as  I am  herein  commanded,  this day  of 

19. . ■ • 

Marshal. 

Defendant  received  into  custody  this day 

of A.  D.  19.... 


Defendant  was  imprisoned  under  this  writ days. 

Defendant  worked  under  my  direction  upon  the 
streets  and  other  places  in  said  city days. 

Defendant  discharged  from  custody  by  order  of  the 
mayor  on  the day  of 19.  . 

Defendant  discharged  by  paying  balance  of  fine  and 

costs,  amounting  to  the  sum  of dollars, 

this day  of 19.  . 

Defendant  discharged  upon  repaying  balance  of  fine 
and  costs. 

Defendant  was  discharged  in  the  following  manner: 


Street  Commissioner. 

City  Jailer. 

Labor  on  streets.  R.  S.  Chapter  24,  Sections  289,  290,  page  338. 

365  Disposition  of  Fine— City  Not  Pay  Costs.  Sec. 
80.  All  fines  shall  be  paid,  when  collected,  into  the  city 
treasury;  but  the  city  shall  not,  in  any  case,  or  under 
any  circumstances,  be  made  liable  for  any  part  of  the 
costs  of  any  action  for  the  recovery  of  a penalty  for  a 
violation  of  any  ordinance,  nor  shall  any  of  such  costs 
ever  be  paid  out  of  the  city  treasury. 

When  costs  may  be  paid  by  the  city.  R.  S.  Chapter  53,  Section 
40,  proviso  at  end  of  section.  Also  R.  S.  Chapter  24,  Article  V, 
Section  6. 


366  When  Prosecutor  to  Pay  Costs.  Sec.  81.  When- 
ever any  defendant  or  defendants  shall  have  been 
arrested  upon  complaint  by  any  private  person  and 
shall  be  acquitted  on  the  trial,  if  it  shall  appear  to  the 


•56 


ORDINANCES  OF  THE 


court  or  magistrate  before  whom  such  trial  shall  take 
place  that  there  was  no  reasonable  ground  for  such 
proceeding,  or  that  it  was  instituted  vexatiously  and 
maliciously,  without  probable  cause,  such  court  or  jus- 
tice may  render  judgment  against  the  person  who  made 
such  complaint  for  the  costs  of  such  proceeding  and 
issue  execution  thereon  as  in  other  cases. 

When  complaint  not  sustained,  etc.  R.  S.  Chapter  38,  Division 
V,  Section  5. 

367  Appeals.  Sec.  82.  Appeals  shall  be  allowed  in 
all  cases  from  judgments  of  the  police  magistrate  or 
any  justice  of  the  peace  in  city  cases  when  the  same  are 
applied  for  in  the  manner  prescribed  by  law. 

See  Hoyer  vs.  Mascoutah,  59  111.,  137. 

368  Mayor  Not  to  Remit  Fine  or  Costs.  Sec.  83. 
The  mayor  may,  when  in  his  discretion  he  shall  deem 
it  proper  so  to  do,  release  or  order  the  release  from 
custody  any  person  imprisoned  for  a failure  to  pay  any 
fine  and  costs,  or  either,  but  such  release  shall  not 
operate  as  a satisfaction  or  discharge  of  the  judgment 
for  such  fine  and  costs,  or  either,  and  the  mayor  has  no 
power  or  authority  to  remit  any  fine  or  costs  imposed 
for  a violation  of  any  city  ordinance. 

Power  of  mayor.  R.  S.  Chapter  24,  Article  II,  Section  9. 

369  Process  Other  Than  by  Ordinance — Fees , Etc. 
Sec.  84.  Like  process  may  issue  and  legal  proceedings 
be  had  to  enforce  the  ordinances  of  said  city  of  Car- 
bondale  in  addition  to  the  remedies  in  said  ordinance 
prescribed,  and  like  practice  rules  of  evidence  and 
pleading  be  observed,  as  now  or  may  hereafter  obtain 
in  civil  cases  before  justices  of  the  peace;  and  the  city 
marshals,  city  attorney  and  police  magistrate  rendering 
services  to  said  city  by  virtue  of  any  ordinance  of  said 
city  or  law  of  said  State  of  Illinois  shall,  unless  other- 
wise directed  by  ordinance,  charge  and  be  allowed  the 
same  fees  as  are  allowed  by  the  statutes  of  said  State 
for  similar  services. 


CITY  OF  CARBONDALE 


57 


CHAPTER  XXIV. 


RAILROADS. 


370  Rate  of  Speed  Allowed — Obstructing  Streets — - 
Limit.  Section  i.  It  shall  be  unlawful  for  any  railroad 
company  or  conductor  or  engineer,  agent  or  other 
employe  of  any  railroad  company,  or  other  person 
managing  or  controlling  any  locomotive  engine,  car  or 
train  upon  any  railroad  track,  to  drive,  run  or  propel, 
within  the  limits  of  this  city,  any  passenger  train  or  car 
at  a greater  rate  of  speed  than  ten  miles  per  hour,  nor 
any  freight  train  or  car  at  a greater  rate  of  speed  than 
six  miles  per  hour;  nor  in  any  manner  to  obstruct  the 
travel  or  passage  along  any  sidewalk,  street  or  alley  of 
said  city  by  placing  or  leaving  upon,  along  or  across 
such  sidewalk,  street  or  alley  any  truck,  locomotive, 
car  or  train  of  cars,  or  material  or  thing  whatsoever, 
for  a longer  period  than  five  minutes  at  any  one  time, 
and  immediately  thereafter  for  the  full  period  of  five 
minutes  such  sidewalk,  street  or  alley  shall  not  be  again 
obstructed  in  the  manner  aforesaid,  under  penalty  of 
not  less  than  five  nor  more  than  twenty-five  dollars  for 
each  and  every  offense. 

Power  to  regulate.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  21. 

See  Illinois  Central  R.  R.  vs.  City  of  Galena,  40  111.,  345. 

371  Crossings — How  Maintained , Etc.  Sec.  2 That 
any  railroad  company  which  may  now  or  hereafter 
operate  any  railroad  within  or  through  the  limits  of 
this  city  shall  construct  and  maintain  safe,  commodious 


ORDINANCES  OF  THE 


•58 


and  convenient  crossings  across  the  track  of  said  rail- 
road where  the  same  intersects  any  street,  alley,  lane 
or  avenue  of  said  city,  the  full  width  of  such  street, 
alley,  lane  or  avenue,  and  shall  make  and  maintain 
sufficient  conduits  and  gutters  to  carry  off  all  water 
under  or  along  such  railroad  track. 

Power  to  regulate.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clauses  26,  27. 

372  Street  Commissioner  to  Notify  Agent — Forfeit- 
ure, Etc.  Sec.  3 The  street  commissioner  shall,  from 
time  to  time,  notify  in  writing  the  station  agent  of  any 
railroad  company  aforesaid  within  what  time  and  in 
what  manner  the  city  will  require  the  construction  or 
repair  of  the  crossings,  conduits  and  gutters  aforesaid, 
and  upon  failure  of  such  railroad  company  to  construct 
or  repair  such  crossings,  gutters  and  conduits  aforesaid, 
pursuant  to  the  notice  aforesaid,  such  railroad  company 
shall  forfeit  to  said  city  one  hundred  dollars;  and  upon 
persistent  refusal  of  such  company  to  comply  with  the 
notice  aforesaid  for  a periodof  thirty  days  after  judg- 
ment, for  the  first  and  each  successive  forfeiture  the 
said  railroad  company  shall  forfeit  to  said  city  a like 
sum  of  one  hundred  dollars. 

373  Ringing  Bell  and  Blowing  Whistle.  Sec.  4 
Any  person  having  the  management  of  any  railroad 
locomotive  who  shall  run  or  drive  the  same  within  the 
corporate  limits  of  the  city  without  constantly  ringing 
the  bell  of  such  locomotive,  or  who  shall  start  such 
locomotive  without  hrst  sounding  the  whistle  or  ring- 
ing the  bellof  such  locomotive,  or  who  shall  blow  off 
steam  or  unnecessarily  blow  the  whistle  of  such  loco- 
motive when  such  locomotive  is  not  in  motion,  at  a 
place  and  in  a manner  calculated  to  frighten  teams 
passing  along  the  streets  and  alleys  of  the  city,  shall, 
on  conviction,  be  fined  not  less  than  five  nor  more  than 
one  hundred  dollars. 

Power  to  regulate.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  27. 


CITY  OF  CARBONDALE 


I 59 


374  Must  Keep  Lights — How  a?icl  When.  Sec.  5. 
Every  locomotive  engine,  railroad  car  or  train  of  train 
of  cars  running  in  the  night  time  on  any  railroad  in 
this  city  shall  have  and  keep,  while  so  running,  a bril- 
liant and  conspicuous  light  on  the  forward  end,  and 
while  backing  a brilliant  and  conspicuous  light  on  the 
rear  end,  of  such  locomotive  engine,  car  or  train  of 
cars.  Any  railroad  company,  their  agents  or  employes, 
failing  to  observe  the  provisions  of  this  section  shall  be 
liable,  jointly  and  severally,  on  conviction,  to  a fine  of 
not  less  than  ten  nor  more  than  two  hundred  dollars. 


CHAPTER  XXV. 


REPORTS  OF  OFFICERS. 


375  What  Officers  to  Make — When.  Section  i.  The 
mayor,  city  clerk,  city  treasurer,  city  attorney,  police 
magistrate,  city  marshal,  night  marshal  and  the  street 
commissioner  and  sexton  shall,  unless  otherwise  by  law 
or  ordinance  provided,  make  a report  in  writing  to  the 
city  council  at  each  and  every  regular  meeting  thereof 
of  the  condition  of  and  all  matters  and  things  relating 
to  their  respective  offices. 

City  council  may  prescribe  duties.  R.  S.  Chapter  24,  Article 
VI,  Section  3. 

376  Mayor  s Report — What  It  Shall  Show.  Sec.  2. 
The  report  of  the  mayor  shall  show  what,  if  any,  officers 
have  been  removed  from  office  by  him  with  the  reason 
therefor;  what,  if  any,  orders  for  license  have  been 


6o 


ORDINANCES  OF  THE 


issued  by  him,  to  whom,  and  the  bond  taken  in  case  a 
bond  is  required;  what,  if  any,  licenses  have  been  re- 
voked by  him  with  the  reasons  therefor;  and  what,  if 
any,  persons  have  been  released  from  imprisonment  for 
fines  with  the  reasons  therefor;  together  with  such 
other  matters  in  relation  to  his  office  as  he  may  deem 
proper  for  the  information  of  the  city  council  or  as  the 
council  may  require. 

Duties  and  powers  of  mayor.  R.  S.  Chapter  24,  Article  II, 
Sections  1-15. 

377  Clerks  Report — What  It  Shall  Shozu.  Sec.  3. 
The  clerk's  report  shall  show  what,  if  any,  licenses  have 
been  by  him  issued,  to  whom  and  what  for;  what,  if  any, 
commissions  to  officers  have  been  by  him  issued,  to 
whom  and  for  what  offices;  what,  if  any,  resignations 
of  officers  have  been  filed  in  his  office  with  date  of  filing 
and  when  the  same  shall  take  effect;  what,  if  any,  war- 
rants or  orders  upon  the  city  treasury  have  been  issued 
by  him,  the  number  thereof,  to  whom,  for  what,  and  on 
what  fund  drawn,  together  with  such  other  matters  in 
relation  to  his  office  as  he  may  deem  necessary  and 
proper  or  as  the  city  council  may  require. 

378  Treasurer  s Report — What  It  Shall  Show.  Sec. 
4.  The  report  of  the  city  treasurer  shall  show  the 
amount  of  money  paid  into  the  city  treasury,  by  whom 
and  on  what  account  each  payment  was  made,  accom- 
panied by  the  duplicate  of  the  receipt  given  by  him  to 
the  person  making  such  payment;  the  amount,  if  any, 
of  money  paid  out  by  him  as  treasurer,  showing  the 
amount  of  and  person  to  whom  each  and  every  payment 
was  made,  with  the  number  of  the  warrant  or  order  on 
which  paid  and  the  fund  out  of  which  paid;  the  total 
number  of  warrants  or  orders  upon  the  city  treasury 
paid  or  redeemed  and  cancelled  and  reported  to  the 
city  clerk  with  the  particular  number  of  each  and  every 
such  warrant  or  order;  the  amount  of  money  in  his 
hands  as  treasurer,  to  what  funds  belonging  and  the 
amount  of  each  fund,  together  with  such  other  matters 


CITY  OF  CARBONDALE 


1 6 1 


in  relation  to  his  office  as  he  may  deem  necessary  or 
proper  or  as  the  city  council  may  require. 

Treasurer’s  duties,  etc.  R.  S.  Chapter  24,  Article  VII,  Sections 
8,  10. 

Treasurer’s  report  of  funds  on  hand  at  end  of  one  term  and  be- 
ginning of  another  is  binding  on  sureties  for  second  term.  Gage  vs. 
Chicago,  2 111.  App.,  332. 

379  Annual  Report  of  Treasurer.  Sec.  5.  In  addi- 
tion to  the  monthly  report  of  the  treasurer  above  men- 
tioned the  city  treasurer  shall,  for  the  information  of 
the  council  and  all  other  city  officials,  annually  make 
and  file  a report  covering  in  detail  the  transactions  of 
his  department,  and  also  properly  summarizing  the 
same  for  the  fiscal  year. 

380  Attorney  s Report — What  It  Shall  Show.  Sec. 
5.  The  city  attorney  shall  report  what,  if  any,  cases  for 
violations  of  the  city  ordinances  have  been  by  him 
prosecuted,  before  what  magistrate  or  in  what  courts 
and  against  whom;  in  what  cases  convictions  have  been 
had  with  the  amount  of  the  fine  and  costs;  in  what  cases 
appeals  have  been  taken;  in  what  cases  he  has  appeared 
where  the  city  was  defendant,  in  what  courts;  what,  if 
any,  judgment  has  been  rendered  and  whether  or  not 
in  his  opinion  an  appeal  is  advisable,  together  with  such 
other  matters  in  relation  to  his  office  as  he  may  deem 
necessary  or  proper  or  as  the  council  may  require. 

38 1 Police  Magistrate  s Report — W hat  It  Shall  Show. 
Sec.  6.  The  police  magistrate’s  report  shall  show  what, 
if  any,  cases  for  violation  of  the  city  ordinances  have 
been  brought  before  him,  against  whom  and  for  what; 
who  have  been  discharged;  who  have  been  fined,  with 
the  amount;  what  fines  have  been  paid,  with  the 
amount;  who  have  been  committed  to  prison.  He  shall 
also  show  what,  if  any,  cases  have  been  brought  before 
him  against  the  city  with  the  result  thereof,  together 
with  such  other  matters  in  relation  to  his  office  as  he 


i62 


ORDINANCES  OF  THE 


may  deem  necessary  or  proper  or  as  the  council  may 
require. 


382  Day  and  Night  Marshals  Reports — What  They 
Shall  Show.  Sec.  7.  The  day  and  night  marshals’  re- 
ports shall  show  what,  if  any,  persons  have  been  ar- 
rested by  them,  before  whom  tried,  if  tried;  who  have 
been  fined,  with  the  amount;  from  whom  fines  have 
been  collected,  with  the  amount;  who  have  been  im- 
prisoned, for  what  and  how  long;  who,  if  any,  have 
been  delivered  into  the  custody  of  the  street  commis- 
sioner to  work  out  fines;  what,  if  any,  animals  have 
been  by  them  restrained;  what,  if  any,  have  been  re- 
claimed; what  sold,  with  the  amount  thereof  and  the 
person  to  whom  sold;  the  night  marshal  shall  report  on 
arc  lights,  giving  in  full  the  number  burning,  for  how 
long  burning,  and  the  number  failing  to  burn  and  for 
how  long,  and  such  further  information  in  this  respect 
as  the  city  council  may  from  time  to  time  require  of 
him;  the  amount,  if  any,  of  dog  tax  collected  by  them; 
what  nuisances  have  been  abated  by  them  with  the 
costs  thereof,  together  with  such  other  matters  in  re- 
lation to  their  office  as  they  may  deem  necessary  or 
proper  or  the  council  may  require. 

383  Report  of  Street  Commissioner — What  It  Shall 
Show.  Sec.  8.  The  report  of  the  street  commissioner 
shall  show  who  have  worked  upon  the  streets  in  satis- 
faction of  fines  and  costs;  what  improvements  or  re- 
pairs of  streets,  sidewalks  or  crosswalks  have  been 
made  by  him  or  under  his  direction;  who  have  been  by 
him  notified  to  work  out  their  street  labor;’  who  have 
worked  and  how  much;  who  have  commuted,  with  the 
amount  of  commutation  money  paid  by  each,  together 
with  such  other  matters  in  relation  to  his  office  as  he 
mav  deem  necessary  or  the  city  council  may  require. 

384  Annual  Report  of  Street  Commissioner.  Sec,  9. 
The  street  commissioner  shall  also  report  to  the  city 
clerk  on  the  first  Monday  in  May  in  each  and  every 


CITY  OF  CARBONDALE 


63 


year,  and  at  such  other  times  as  may  by  law  or  ordin- 
ance be  required,  a full,  true  and  correct  account  of 
all  his  acts  and  doings,  stating  the  total  amount  of 
money  received  by  him,  on  what  account  and  from 
whom  received;  the  total  amount  of  all  liability  or  ex- 
penditures incurred  by  him  in  the  hire  of  teams,  work- 
men and  laborers,  and  the  purchase  and  procuring  of 
material,  with  a statement  of  each  separate  item;  the 
total  number  of  accounts  by  him  certified  to  be  correct, 
with  the  amount  of  each  account,  what  for  and  in  whose 
favor;  the  amount,  if  any,  of  money  remaining  in  his 
hands.  He  shall  furnish  with  such  report  a statement 
of  the  condition  of  all  streets  and  alleys  of  the  city  and 
the  requirements  thereof,  a list  of  all  persons  liable  for 
street  labor  in  the  city,  and  shall  show  who  have  worked 
out  their  street  labor,  who  have  commuted,  with  the 
amount  of  commutation  money  paid  by  each,  who  have 
been  fined,  the  amount  of  the  fine,  and  whether  or  not 
the  fine  has  been  collected  or  worked  out;  and,  at  the 
request  of  the  committee  on  streets  of  the  council,  confer 
with  them  touching  the  estimates  of  appropriations  for 
street  purposes.  Such  report  shall  be  verified  by  his 
affidavit. 

385  What  Reports  Made  Under  Oath.  Sec.  10.  The 
monthly  reports  herein  required  of  the  city  treasurer, 
the  city  marshals  and  the  street  commissioner  shall  be 
rendered  under  oath;  and  the  city  council  may,  by  ordi- 
nance or  resolution,  require  all  other  reports  of  city 
officers  to  be  likewise  rendered  under  oath. 


164 


ORDINANCES  OF  THE 


CHAPTER  XXVI. 


SCALES,  LUMBER  YARDS  AND  LIVERY 
STABLES. 


386  Must  Have  License  to  Keep.  Section  i.  It 
shall  be  unlawful  for  any  person  or  persons,  firm,  com- 
pany or  corporation  to  keep  or  maintain  within  the  cor- 
porate limits  of  this  city  any  public  scale,  lumber  yard 
or  livery  stable  without  first  obtaining  a license  so  to  do. 

Power  to  license.  R.  S.  Chapter  24,  Article  V,  Section  1, 
Clause  91. 

387  Tax  — Amount — Classification.  Sec.  2.  For 
license  to  keep  or  maintain  a public  scale,  lumber  yard 
or  livery  stable,  as  mentioned  in  section  1 of  this  chap- 
ter, there  shall  be  taxed  and  collected  the  following 
sums: 

First.  For  public  scale,  the  sum  of  three  dollars 
per  annum. 

Second.  For  lumber  yard,  the  sum  of  ten  dollars 
per  annum. 

Third.  For  livery  stable,  the  sum  of  fifteen  dollars 
per  annum. 

Said  amounts  to  be  paid  in  advance:  Provided , 

license  to  keep  a livery  stable  shall  not  be  deemed  a 
license  to  run  a team  of  any  kind  for  any  purpose  what- 
ever for  hire  other  than  for  the  carrying  of  persons  or 
passengers  and  their  baggage. 


CITY  OF  CARBONDALE 


165 


388  Penally . Sec.  3.  Any  person  or  persons,  firm, 
company  or  corporation  violating  or  refusing  to  comply 
with  the  provisions  of  this  chapter  shall,  on  conviction, 
be  fined  not  less  than  three  nor  more  than  fifty  dollars 
for  each  offense,  and  a further  penalty  of  three  dollars 
for  each  day  or  part  of  a day  they  shall  continue  to  do 
business  without  a license. 


CHAPTER  XXVI I. 


STREETS,  STREET  LABOR  AND  SIDEWALKS. 

Article  1.  What  Are  Public  Article  III.  Street  Labor. 

Highways.  Article  IV.  Sidewalks. 

Article  II.  Streets. 


ARTICLE  I. 


WHAT  ARE  PUBLIC  HIGHWAYS. 

389  Public  Highways — What  Are.  Section  1.  All 
streets  and  alleys  heretofore  dedicated  as  such  by  the 
original  plat  of  the  city,  or  by  any  addition  thereto  the 
plat  whereof  has  been  accepted  and  approved  by  the 
city  council,  as  heretofore  made  a matter  of  record  as 
provided  by  law,  and  all  streets  and  alleys  heretofore 
or  which  hereafter  shall  be  opened,  laid  out  or  estab- 
lished by  ordinance,  order  or  resolution  of  the  city 
council  in  manner  provided  by  law,  and  all  streets  and 
alleys  lawfully  extended  through  any  lands  adjacent 
to  the  city  over  which  the  city  may  have  jurisdiction, 


1 66 


ORDINANCES  OF  THE 


and  such  as  have  been  laid  out,  opened,  extended  or 
established  by  ordinance,  order  or  resolution  of  the 
city  council  and  the  title  thereto  acquired  by  the  city 
for  street  purposes,  are  hereby  declared  to  be  public 
highways;  and  all  such  ordinances,  orders  and  resolu- 
tions are  hereby  continued  in  force. 

Street  can  not  be  opened  without  ordinance;  when.  People  vs. 
Hyde  Park,  117  111.,  462. 

Dedication  of  streets  by  filing  acknowledged  plat.  R.  S.  Chap- 
ter 109,  Sections  1-3. 

View  vs.  LaBahn,  120  111.,  92  ; La  Salle  vs.  M.  & H.  Zinc  Co., 
16  111.  App.,  69. 

Improvement  of  streets.  Murphy  vs.  Peoria,  119  111.,  509. 


ARTICLE  II. 


STREETS. 

3QO  Changing  Names  of  and  Naming  Streets . Sec. 
2.  The  several  streets,  avenues  and  places  of  the 
city  of  Carbondale  shall  hereafter  be  known  and  desig- 
nated by  the  numbers  and  names  applied  thereto,  re- 
spectively, on  the  plats  now  on  file  in  the  recorder’s 
office  of  Jackson  county,  Illinois,  subject  to  the  follow- 
ing changes,  corrections  and  additions,  to-wit: 

First.  South  Missouri  street  shall  hereafter  be 
known  and  designated  as  South  Normal  avenue. 

Second.  North  Missouri  street  shall  hereafter  be 
known  and  designated  as  North  Normal  avenue. 

Third.  That  part  of  the  street  lying  west  of  Springer 
street,  which  is  the  extension  of  Pecan  street,  now  called 
Logan  street,  shall  hereafter  be  known  and  designated 
as  Pecan  street. 


CITY  OF  CARBONDALE 


167 


Fourth.  The  street  lying  between  Elizabeth  and 
Lake  streets  and  connecting  Chatauqua  and  Mill 
streets  north  and  south  shall  hereafter  be  known  and 
designated  as  Locust  street. 

Fifth.  That  part  of  Sycamore  street  lying  west  of 
the  Illinois  Central  railroad  shall  hereafter  be  known 
and  designated  as  West  Sycamore  street. 

Sixth.  That  part  of  Sycamore  street  lying  east  of 
the  Illinois  Central  railroad  shall  hereafter  be  known 
and  designated  as  East  Sycamore  street. 

Seventh.  That  part  of  Freeman  street  lying  west  of 
the  Illinois  Central  railroad  shall  hereafter  be  known 
and  designated  as  West  Freeman  street. 

Eighth.  That  part  of  Freeman  street  lying  east  of 
the  Illinois  Central  railroad  shall  hereafter  be  known 
and  designated  as  East  Freeman  street. 

Ninth.  The  street  lying  between  Brush  and  Wall 
streets  and  connecting  Green  and  Chestnut  streets 
north  and  south  shall  hereafter  be  known  and  desig- 
nated as  Dudley  Alley. 

Tenth.  That  street  running  north  from  West  Syca- 
more street  one  block  west  of  North  Normal  avenue 
shall  hereafter  be  known  and  designated  as  Michaels 
street. 

Street  Guide  Boards  to  be  Maintained — Where.  Sec. 
3.  There  shall  be  set  up  and  maintained,  at  the  north- 
east and  southwest  corners  of  every  street  crossing 
within  the  city,  a good,  substantial  guide  post  of  du- 
rable wood  or  iron,  which  shall  extend  not  less  than 
seven  feet  above  the  street  grade,  each  of  which  posts 
shall  have  attached  thereto  two  guide  boards  not  less 
than  five  inches  in  width  and  fifteen  inches  in  length, 
one  of  which  shall  point  in  the  direction  of  the  street 
running  north  and  south  and  the  other  in  the  direction 
of  the  street  running  east  and  west,  and  each  of  said 


ORDINANCES  OF  THE 


1 68 


boards  shall  have  neatly  painted  thereon,  in  plain, 
white  letters  not  less  than  three  inches  high,  on  a 
ground  of  black,  the  name  of  the  street  in  the  direc- 
tion of  which  it  points \ provided,  that  where  practicable 
the  said  guide  boards  may,  with  the  consent  of  the 
owner,  be  attached  to  any  building  on  the  proper  cor- 
ner. 

Power  to  regulate.  R.  S.  Chapter  24.  Article  V,  Section  1, 
Clause  22. 


392  Houses  to  be  Numbered — Size  of  Figures.  Sec. 
4.  Every  dwelling  or  other  house,  shop,  store  and  other 
building,  standing  or  fronting  upon  or  toward  any  street 
within  the  city,  shall  be  numbered  by  the  owner  thereof 
with  such  number  as  shall  be  by  the  mayor  and  city 
clerk  assigned  thereto,  in  accordance  with  the  system 
of  numbering  hereinafter  provided,  with  figures  not  less 
than  two  inches  in  height,  neatly  painted  upon  the  same 
or  upon  a metallic  tag  thereto  attached,  and  in  such 
place  as  to  be  readily  seen  and  distinguished;  provided , 
that  where  any  business  or  other  building  may  have 
two  or  more  doors  or  entrances  a number  may  be  given 
to  or  placed  upon  each  door  or  entrance,  and  where 
any  building  may  be  two  or  more  stories  high  a number 
shall  be  given  to  each  stairway  leading  from  the  ground 
to  the  upper  stories. 

See  note  to  section  3. 

393  System  ot  Numbering — Where  to  Begin.  Sec.  5. 
The  intersection  of  Main  street  and  the  Illinois  Central 
railroad  is  hereby  designated  as,  and  shall  be  and  re- 
main, the  initial  or  beginning  point  of  house  numbering 
as  herein  provided.  All  houses  and  other  buildings 
fronting  on  streets  running  north  of  Main  street  shall 
be  numbered  northward,  and  all  houses  and  other 
buildings  fronting  on  streets  running  south  of  Main 
street  shall  be  numbered  southward,  in  consecutive 
order,  beginning  with  number  one,  the  odd  numbers  to 
be  placed  on  the  east  side  and  the  even  numbers  to  be 
placed  on  the  west  side  of  the  street.  All  houses  and 


CITY  OF  CARBONDALE 


169 


other  buildings  fronting  on  the  streets  running  west  of 
the  Illinois  Central  railroad  shall  be  numbered  west- 
ward, beginning  with  the  line  of  the  railroad,  and  all 
houses  and  other  buildings  fronting  on  the  streets  run- 
ning east  of  the  Illinois  Central  railroad  shall  be  num- 
bered eastward,  beginning  with  the  line  of  the  railroad, 
the  odd  numbers  to  be  placed  on  the  south  side  of  the 
street  and  the  even  numbers  to  be  placed  on  the  north 
side  of  the  street. 

394  Hozv  Many  Numbers  Per  Block—  Proviso.  Sec. 
6.  Not  exceeding  fifty  numbers  on  each  side  of  the 
street  shall  be  allotted  to  each  block,  so  that  every 
street  crossing  shall  mark  one  hundred  numbers  from 
the  place  of  beginning;  provided , that  where,  in  addition 
to  the  city,  or  any  subdivision  of  territory  within  its 
limits  subsequent  to  the  original  plat,  the  streets  and 
blocks  do  not  correspond  with  the  streets  and  blocks  of 
said  original  plat,  the  numbering  shall,  as  near  as  prac- 
ticable, be  made  as  though  the  streets  of  said  original 
plat  extended  to  the  city  limits;  and  provided,  further, 
that  the  mayor  and  city  clerk,  in  assigning  numbers  in 
the  residence  portions  of  the  city  or  where  there  are 
vacant  lots,  shall  allow  one  number  for  about  fifty  feet 
of  vacant  ground. 


ARTICLE  III. 


STREET  LABOR. 

395  Street  Lab 07  ■ — Who  Liable — Exemption — Num- 
ber of  Days.  Sec.  7.  The  city  of  Carbonclale  shall  con- 
stitute one  road  district,  and  for  the  purpose  of  keeping 
the  roads,  streets  and  alleys  therein  in  repair,  every 
able-bodied  male  inhabitant  of  this  city,  being  above 
the  age  of  twenty-one  years  and  under  the  age  of  fifty 
(except  paupers,  idiots,  lunatics  and  such  persons  as 


I/O 


ORDINANCES  OF  THE 


are  by  law  or  the  ordinances  of  the  city  excepted,)  shall 
be  required  to  labor  on  the  streets  of  the  city  two  days 
in  each  and  every  year;  provided , any  person  desiring 
so  to  do  may  commute  for  the  labor  required  and  dis- 
charge the  same  by  the  payment  of  money  at  the  rate 
of  seventy-five  cents  per  day. 

396.  Notice  to  Work  — How  Given . Sec.  8.  The 
street  commissioner  shall  give  at  least  three  days’  notice 
to  all  persons  required  to  work  on  the  streets,  of  the 
time  and  place,  when  and  where  they  shall  appear  and 
the  tools  to  bring;  said  notices  must  be  in  writing  and 
a copy  thereof  delivered  personally  to  br  left  at  the 
place  of  residence  of  the  person  for  whom  it  is  intended 
with  some  person  above  the  age  of  twelve  years. 

397  Commutation — When  to  be  Paid . Sec.  9.  If  the 
person  so  notified  desires  to  commute  for  his  labor  he 
shall,  within  three  days  from  receiving  such  notice,  pay 
to  the  street  commissioner  the  amount  of  money  neces- 
sary to  discharge  such  tax,  and  the  street  commissioner 
shall  receipt  him  therefor. 

398  Duty  of  Street  Commissioner.  Sec.  10.  The 
street  commissioner  shall  attend  at  the  time  and  place 
appointed  and  superintend  and  direct  all  persons  who 
may  appear  for  work  and  see  that  every  person  works 
diligently  and  faithfully  for  at  least  eight  hours  in  each 
day. 

399  Full  Number  of  Days,  Etc . — Penalty.  Sec.  ii. 
Every  person  so  notified  who  shall  not  have  elected  to 
commute  for  his  labor  and  has  paid  the  full  amount  of 
such  commutation  shall,  by  himself  or  substitute  equally 
able  as  himself,  work  the  full  number  of  days  required, 
and  any  person  who  shall  fail,  neglect  or  refuse  to  work 
or  commute  and  pay  the  full  amount  of  such  commuta- 
tion shall,  on  conviction,  be  fined  double  the  amount  of 
his  street  tax. 


CITY  OF  CARBONDALE 


171 


400  Idlers — Penalty.  Sec.  12.  If  any  person  after 
appearing  remain  idle,  refuse  to  work  or  hinder  others 
from  working,  he  shall,  on  conviction,  be  fined  three 
dollars  for  each  and  every  offense. 

401  Suit — Disposition  of  Penalty . Sec.  13.  All  pen- 
alties recovered  under  the  provisions  of  this  chapter 
shall  be  paid  into  the  city  treasury;  the  street  commis- 
sioner shall  likewise  pay  into  the  city  treasury  all 
moneys  collected  by  him  in  commutation  of  street 
labor,  and  all  such  money,  together  with  all  fines  and 
penalties  recovered  under  the  provisions  of  this  chapter, 
shall  be  used,  under  the  direction  of  the  city  council, 
upon  the  streets  of  the  city. 

402  Teams — Hozv  Procured.  Sec.  14.  The  street 
commissioner  may  employ  all  necessary  teams  when 
needed,  the  expense  thereof  to  be  paid  out  of  money 
in  the  city  treasury  belonging  to  the  street  fund. 

403  When  Work  to  be  Done.  Sec.  15.  The  street 
commissioner  shall  endeavor  to  have  one-half  of  the 
whole  amount  of  street  tax  worked  out  by  the  1st  of 
August  in  each  year,  and  the  remaining  one-half  shall 
be  worked  out  by  him  by  the  1st  of  November. 


ARTICLE  IV. 


SIDEWALKS. 

404  Ordinance  Must  be  Passed.  Sec.  16.  Whenever 
any  sidewalk  is  to  be  built  or  renewed,  the  city  council 
shall  pass  an  ordinance  providing  for  the  building  of 
the  same;  which  ordinance  shall  specify  definitely  the 
kind,  character,  locality  and  description  of  said  sidewalk. 


172 


ORDINANCES  OF  THE 


CHAPTER  XXVIII. 


TAXES. 


405  Appropriations — Amounts  Specified.  Section  i. 
The  city  council  shall,  within  the  hrst  quarter  of  each 
fiscal  year,  by  ordinance,  pass  an  annual  appropriation 
bill,  in  and  by  which  such  sums  of  money  shall  be  ap- 
propriated as  shall  be  deemed  necessary  to  defray  all 
necessary  expenses  and  liabilities  of  the  city  for  the 
current  fiscal  year;  such  ordinance  shall  specify  the 
amounts  and  purposes  for  which  such  appropriations 
are  made  and  the  amount  appropriated  for  each  object 
or  purpose. 

406  Levy — When  and  How  Made.  Sec.  2.  The  city 
council  shall,  on  or  before  the  second  Tuesday  of  Au- 
gust in  each  year,  ascertain  the  total  amount  of  appro- 
priations for  all  corporate  purposes  legally  made,  as 
provided  for  in  section  1 of  this  chapter,  and  shall,  by 
ordinance,  levy  and  assess  such  amount  so  ascertained 
upon  the  real  and  personal  property  within  said  city 
subject  to  taxation  as  the  same  is  assessed  for  State 
and  county  purposes  for  the  current  year. 

R.  S.  Chaprer  24,  Article  VIII,  Section  1. 


407  Copy  Filed  with  County  Clerk — Extension.  Sec. 
3.  A certified  copy  of  said  ordinance  imposing  city  tax 
as  aforesaid  shall  be  immediately  filed  with  the  county 
clerk  of  Jackson  county,  Illinois,  whose  duty  it  shall 
be  to  ascertain  the  rate  per  cent,  which,  upon  the  total 
valuation  of  all  property  subject  to  taxation  within  said 


CITY  OF  CARBONDALE 


I 73 


city  as  the  same  is  assessed  and  equalized  for  State  and 
county  purposes,  will  produce  a net  amount  not  less 
than  the  amount  so  directed  to  be  levied  and  assessed, 
and  the  said  clerk  shall  extend  such  tax  in  a separate 
column  upon  the  book  or  books  of  the  collector  of  the 
State  and  county  taxes  within  said  city. 

408  Taxes — How  Collected.  Sec.  4.  The  taxes  so 
assessed  shall  be  collected  and  enforced  in  the  same 
manner  and  by  the  same  officers  as  State  and  county 
taxes,  and  shall  be  paid  over  by  the  officers  collecting 
the  same  to  the  city  treasurer  of  said  city. 

409  Collector  to  Settle  with  Treasurer — When.  Sec. 

5.  It  shall  be  the  duty  of  the  officer  collecting  such 
tax  to  settle  with  and  pay  to  said  treasurer  as  often  as 
once  in  two  weeks  from  the  time  he  shall  commence 
the  collection  of  all  such  taxes  as  he  shall  then  have 
collected  until  the  whole  tax  collected  shall  be  paid 
over. 

410  Appropriations — Treasurer  to  Set  Apart.  Sec. 

6.  Whenever  the  said  city  is  required  to  levy  a tax  for 
the  payment  of  any  particular  debt,  appropriation  or 
liability  of  the  same,  the  tax  for  such  purpose  shall  be 
included  in  the  total  amount  assessed  by  the  city  coun- 
cil and  certified  to  the  county  clerk  as  aforesaid,  but 
the  city  council  shall  determine,  in  the  ordinance  mak- 
ing such  assessment,  what  proportion  of  such  total 
amount  shall  be  applicable  to  the  payment  of  such  par- 
ticular debt,  appropriation  or  liability,  and  the  city 
treasurer  shall  set  apart  such  proportion  of  the  tax  col- 
lected and  paid  to  him  for  the  payment  of  such  partic- 
ular debt,  appropriation  or  liability,  and  shall  not  dis- 
burse the  same  for  any  other  purpose  until  such  debt, 
appropriation  or  liability  shall  have  been  discharged, 

41 1 1'axes  Uniform  — Exemptions.  Sec.  7.  All 
taxes  levied  or  assessed  by  said  city,  except  special  as- 
sessments for  local  improvements,  shall  be  uniform 
upon  all  taxable  property  and  persons  within  the  limits 


1 74 


ORDINANCES  OF  THE 


of  said  city,  and  no  property  shall  be  exempt  from  tax- 
ation other  than  such  property  as  may  be  exempt  from 
taxation  under  the  constitution  and  laws  of  the  State. 

412  Separate  Account — Credits  Given.  Sec.  8.  The 
city  treasurer  shall  keep  a separate  account  of  each  of 
the  aforesaid  items  of  liability  as  fixed  annually  by  the 
city  council,  and  shall  credit  each  its  proportionate 
amount  of  the  aggregate  amount  raised  by  general  tax- 
ation. 


CHAPTER  XXIX. 


M ISC E L LAN EOUS  O R DI NANCES. 


413  Idiots  and  Lunatics  to  be  Provided  For.  Section 
1.  If  any  lunatic  shall  be  found  in  the  city  of  Carbon- 
dale  unprotected  by  guardian,  relative  or  friend,  the 
mayor  shall  temporarily  provide  for  his  or  her  care  and 
support  at  the  expense  of  the  corporation;  but  if  such 
person  shall  not  belong  to  the  city,  nor  be  chargeable 
thereto,  the  mayor  shall  immediately  notify  the  proper 
person  or  officer  of  the  county  chargeable  therewith 
that  such  idiot  or  lunatic  is  unprovided  for  and  to  take 
charge  of  and  provide  for  the  same. 

414  Officer — Duty  of.  Sec.  2.  When  any  lunatic, 
found  at  large  or  unprotected,  as  aforesaid,  shall  be  so 
insane  or  disorderly  in  mind  as  to  endanger  the  per- 
sons or  property  of  others,  or  his  own  person  or  prop- 
erty, it  shall  be  the  duty  of  the  city  marshal,  or  any 


CITY  OF  CARBONDALE 


175 


police  officer  to  forthwith  take  and  confine  such  lunatic 
in  the  city  jail  or  other  suitable  place  until  proper  pro- 
vision can  be  made  for  him  according  to  law,  and  such 
officer  shall  also  promptly  notify  the  proper  county 
officer,  court  or  person  thereof,  and  all  necessary  ex- 
penses incurred  thereby  shall  be  collected  of  the  person 
legally  liable  therefor. 

415  Minors  Loitering  on  Streets  Forbidden — Penalty. 
Sec.  3.  No  minor  under  the  age  of  sixteen  years  shall, 
after  the  hour  of  9:00  o’clock  p.  m.,  from  April  1st  to 
November  1st,  nor  after  the  hour  of  8:00  o’clock  p.  m., 
from  November  1st  to  April  1st,  next  following,  loiter, 
wander  or  stroll  about  in  the  night  on  any  of  the  public 
streets,  avenues,  alleys,  lanes,  commons  or  in  any  of  the 
parks  in  said  city,  or  upon  any  depot  grounds  or  build- 
ing or  other  public  place,  unless  upon  some,  lawful 
errand  and  sent  by  the  direction  and  with  the  knowl- 
edge and  consent  of  the  parent,  guardian  or  other 
person  having  the  legal  custody  and  control  of  such 
child,  under  a penalty  of  not  less  than  one  dollar  nor 
more  than  twenty-five  dollars. 

416  Dairies  Prohibited — Penalty.  Sec.  4.  It  shall 
be  unlawful  for  any  person,  persons,  firm,  company  or 
corporation,  within  the  limits  of  the  city,  to  establish 
and  maintain  or  cause  to  be  established  and  maintained, 
any  dairy  or  other  place  where  cows  are  kept,  fed  or 
milked,  and  the  milk,  pr  any  part  of  it,  is  sold  or  ped- 
dled out  in  the  city  or  elsewhere;  provided , this  section 
shall  not  apply  to  any  person  or  family  keeping  not  to 
exceed  two  cows  for  family  use;  and  provided , further , 
that  the  person  or  persons  keeping  such  cow  or  cows 
for  family  use  shall  see  that  the  barn  or  cow  pen  or 
both  where  said  cow  or  cows  are  kept  are  properly 
cleansed  and  free  from  offensive  odors  at  any  and  all 
times,  the  same  to  be  subject  to  the  ordinances  on 
nuisances,  health,  etc.,  and  provided , further , that  the 
provisions  of  this  section  shall  not  prevent  the  city 
council  from  granting  permission,  by  a two-thirds  vote, 
for  the  establishment  of  a dairy  or  dairies  within  the 


176 


ORDINANCES  OF  THE 


limits  of  the  city,  on  petition  signed  by  all  the  residents 
in  the  vicinity  of  said  dairy  or  proposed  dairy.  Who- 
ever shall  offend  against  any  of  the  provisions  of  this 
section  shall,  on  conviction,  be  fined  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars. 

417  Fences , Etc . — Height . Sec.  5.  No  person  shall 
hereafter,  within  the  city  of  Carbondale,  erect,  construct 
or  maintain  any  wood  or  other  partition  fence,  or  any 
section  or  portion  thereof,  which  shall  exceed  five  feet 
in  height  above  the  surface  of  the  ground  for  the  first 
thirty  feet  back  from  the  front  line  of  the  lots  or  lot, 
nor  exceeding  eight  feet  in  height  for  the  remainder  of 
the  distance  to  the  rear  end  of  the  lot,  except  where 
such  partition  fence  shall  form  a necessary  Dart  of  some 
outbuilding  on  the  premises,  under  a penalty  of  not  less 
than  three  dollars  nor  more  than  twenty-five  dollars 
for  each  offense,  and  a further  penalty  of  two  dollars 
for  every  day  that  such  person  shall  permit  such  un- 
lawful fence  to  remain  after  notice  given  to  lower  or 
remove  the  same  by  the  mayor  or  the  city  marshal. 

418  Railings  Not  to  Have  Barbed  Wire , Etc. — Pen- 
alty. Sec.  6.  No  fence  railing  or  guard  of  any  kind, 
within  the  limits  of  the  city,  shall  have  placed  or  kept 
thereon  any  barbed  wire,  spike  or  other  sharp  pointed 
metallic  instrument,  under  a penalty  to  the  person 
offending  of  not  less  than  five  dollars  nor  more  than 
twenty-five  dollars  for  each  offense,  and  a further  pen- 
alty of  two  dollars  for  every  day  that  such  person  shall 
fail  to  remove  such  barbed  wire,  spike  or  other  pointed 
instrument  after  notice  to  do  so  by  the  street  commis- 
sioner or  city  marshal. 

41 9 Barbed  Wire  Fences  Prohibited— Penalty . Sec. 
7.  No  fence  consisting  or  made,  either  in  whole  or  in 
part,  of  any  kind  of  barbed  wire  shall  be  built,  main- 
tained or  kept  upon  or  along  the  line  of  any  street, 
avenue,  alley  or  public  walk,  or  in  any  public  ground, 
within  the  said  city,  and  every  such  fence  is  hereby  de- 
clared a nuisance.  Any  property  owner  or  other  person 


CITY  OF  CARBONDALE 


77 


who  shall  build,  or  cause  to  be  built,  or  shall  maintain, 
any  such  barbed  wire  fence  shall  be  subject  to  a pen- 
alty of  not  less  than  five  dollars  for  every  day  that  he 
shall  permit  such  fence  to  stand  or  remain  after  notice 
to  take  down  or  remove  the  same  by  the  street  com- 
missioner or  city  marshal. 

420  Vehicles — Keep  to  the  Right.  Sec.  8.  All  vehi- 

cles of  every  description  traveling  on  any  bridge,  street, 
alley,  highway  or  public  ground,  or  public  way  whatso- 
ever, and  all  horsemen,  shall  observe  what  is  commonly 
called  the  “law  of  the  road,”  viz:  Keep  to  the  right- 

hand  side  in  passing  and  turning.  And  any  person 
failing  to  observe  said  rules,  and  thereby  occasioning 
any  collision  or  accident  with  any  other  vehicle,  animal 
or  person,  shall  be  fined  not  less  than  three  dollars  nor 
more  than  one  hundred  dollars. 

421  Speed  of  Animals  and  Vehicles.  Sec.  9.  Within 
the  limits  of  Oak  street  on  the  north,  Marion  street  on 
the  east,  Walnut  street  on  the  south  and  Poplar  street 
on  the  west,  the  speed  of  all  horses  or  other  animals, 
ridden  or  driven,  with  or  without  a vehicle,  and  of  all 
bicycles,  automobiles  or  other  vehicles  used  for  trans- 
portation, is  hereby  limited  to  the  rate  of  six  (6)  miles 
per  hour,  and  at  all  other  places  within  the  limits  of  the 
city  is  limited  to  ten  (10)  miles  per  hour.  Provided \ al- 
ways, however , that  in  turning  corners  the  speed  is  in  all 
cases  limited  to  four  (4)  miles  per  hour.  And  it  is  es- 
pecially provided  that  all  drivers  of  vehicles  of  any  and 
all  descriptions  shall,  at  all  times  when  driving  on  the 
public  ways  of  this  city,  use  all  possible  care  to  avoid 
the  frightening  of  horses  and  teams  or  to  prevent 
damage  to  property  or  persons.  A violation  of  any  of 
the  terms  of  this  section  shall  subject  the  offender  to  a 
fine  of  not  less  than  three  dollars  nor  more  than  two 
hundred  dollars. 

422  Lights , Horns , Etc. — Penalty.  Sec.  10.  P'or  the 

protection  of  travelers,  vehicles  shall  be  equipped  as 
follows:  Every  bicycle,  automobile  or  similar  vehicle 


178 


ORDINANCES  OF  THE 


shall  have  a bell  or  gong  or  horn  which  shall  be  sounded 
in  case  of  danger,  or  when  necessary  to  give  warning; 
and  especially  shall  it  be  the  duty  of  the  owner,  operator, 
or  person  operating  said  vehicle  to  give  warning  at 
all  crossings,  etc.;  and  in  the  night  time  such  vehicles 
shall  also  each  be  equipped  with  at  least  one  bright, 
clear  light,  which  shall  be  kept  burning,  under  a penalty 
in  either  case  of  not  less  than  three  dollars  nor  more 
than  one  hundred  dollars. 

423  Banana  Peelings,  Etc.  Sec.ii.  Whoever  shall 
throw,  cast,  lay  or  place  on  any  sidewalk  the  rind  or 
peel  of  any  orange,  banana  or  other  fruit  shall  be  fined 
not  less  than  one  dollar  nor  more  than  ten  dollars. 

424  Painting  on  Sidezvalks  Prohibited — Penalty.  Sec. 
12.  It  shall  be  unlawful  for  any  person  to  paint  any 
sign  or  advertisement  or  to  daub  or  otherwise  put  paint 
upon  any  sidewalk  or  pavement  under  a penalty  of  not 
less  than  three  dollars  nor  more  than  fifty  dollars. 

425  Gates  Not  to  Swing  Over  Sidezvalks.  Sec.  13. 
All  gates  opening  upon  any  public  street  shall  be  so 
constructed  as  not  to  swing  out  upon  or  over  any  side- 
walk, unless  such  gate  is  so  hung  as  to  be  self  shutting. 
A failure  to  observe  this  requirement  shall  subject  the 
offender  to  a fine  of. not  exceeding  ten  dollars. 


STATE  OF  ILLINOIS,/ 

County  of  Jackson,  > ss. 

City  of  Carbondale,  ) 

I,  F.  M.  Caldwell,  city  clerk  of  the  city  of  Carbon- 
dale,  Illinois,  do  hereby  certify  that,  as  such  city  clerk 
I am  the  clerk  of  the  city  council  of  said  city  and  cus- 
todian and  keeper  of  the  journal  of  the  proceedings  of 
said  council,  and  of  the  original  ordinances  enacted  by 


CITY  OF  CARBONDALE 


I7Q 


said  council,  and  also  of  the  ordinance  record  in  which 
the  ordinances  of  said  city  are  recorded  or  enrolled, 
and  do  hereby  further  certify  that  the  foregoing  ordin- 
ance published  in  this  book  entitled,  “An  Ordinance  In 
Revision  and  Consolidation  of  the  General  and  Revised 
Ordinances  of  the  City  of  Carbondale,  Illinois,”  con- 
sisting of,  and  divided  into,  thirty  chapters,  num- 
bering from  one  to  thirty,  both  inclusive,  is  a true 
and  correct  copy  of  said  ordinance,  which  was  passed 
and  approved  October  10th,  A.  D.  1905,  and  which 
original  ordinance  is  now  on  file  in  my  office;  and  I do 
hereby  further  certify  that  said  ordinance  is  herein  pub- 
lished in  book  form  in  conformity  with  an  ordinance  of 
the  city  council  of  said  city  entitled,  “An  Ordinance 
Providing  for  the  Publication  of  the  Laws  and  Ordin- 
ances of  the  City  of  Carbondale,  Illinois,”  which  was 
passed  and  approved  October  10th,  A.  D.  1905. 

In  testimony  whereof,  witness  my  hand  and  the  cor- 
porate seal  of  said  city  of  Carbondale,  Illinois,  this  Toth 
day  of  October,  A.  D.  1905. 

F.  M.  Caldwell, 

[seal]  City  Clerk. 


AN  ORDINANCE 

Providing  for  the  Publication  of  the  Laws  and  Ordin- 
ances of  the  City  of  Carbondale,  Illinois. 

Be  it  ordained  by  the  city  council  of  the  city  of  Car- 
bondale, Illinois: 

Section  i.  That  the  laws  and  ordinances  govern- 
ing the  city  of  Carbondale,  as  revised,  arranged  and 
compiled  by  Thomas  B.  F.  Smith,  attorney  at  law  and 
city  attorney,  be  and  the  same  are  hereby  ordered 
printed  and  published  in  book  form,  to  be  entitled,  “The 
Revised  Ordinances  of  the  City  of  Carbondale,  Illinois.” 


i8o 


ORDINANCES  OF  THE 


Sec.  2.  This  ordinance  shall  be  in  force  from  and 
after  its  passage  and  publication. 

Passed  October  io,  1905. 

Approved  October  10,  1905. 

Published  October  10,  1905. 

C.  E.  WHITE. 

Attest:  ¥.  M.  Caldwell,  Mayor. 

City  Clerk. 


STATE  OE  ILLINOIS,) 

County  of  Jackson,  • ss. 

City  of  Carbondale,  ) 

I,  ¥.  M.  Caldwell,  city  clerk  of  the  city  of  Carbon- 
dale,  Illinois,  do  hereby  certify  that  the  above  and  fore- 
going is  a true  copy  of  the  original  ordinance  entitled, 
“An  Ordinance  Providing  for  the  Publication  of  the 
Laws  and  Ordinances  of  the  City  of  Carbondale,  Illi- 
nois,” passed  by  the  city  council  of  the  city  of  Carbon- 
dale, Illinois,  on  the  10th  day  of  October,  A.  I).  1905, 
and  approved  on  the  10th  day  of  October,  A.  D.  1905. 

I hereby  certify  that  the  original  ordinance,  of  which 
the  foregoing  is  a true  and  correct  copy7,  is  by  law  en- 
trusted to  my  custody7  for  safe  keeping  and  is  now  on 
file  in  my  office. 

[ Seal  of  the^  Witness  my  hand  and  the  cor- 
City  of  porate  seal  of  said  city,  this  10th 

Carbondale.  j day  of  October,  A.  D.  1905. 

F\  M.  Caldwell, 

City  Clerk. 


CITY  OF  CARBONDALE 


18 


CHAPTER  XXX. 


SPECIAL  ORDINANCES  OF  THE  CITY  OE 
CARBONDALE,  ILLINOIS. 


[The  numbers  of  these  special  ordinances  are  herein  preserved 
as  they  appear  in  the  original  ordinances.] 


ORDINANCE  NO.  148. 

An  Ordinance  in  Relation  to  the  Erection  and  Main- 
taining of  Electric  Lights  in  the  City  of  Carbon- 
dale,  Illinois. 

Be  it  ordained  by  the  city  council  of  the  city  of  Car- 
bondale,  Illinois: 

426  Section  i.  That  R.  D.  Bradberry  shall  have  the 
right  to  construct,  erect,  maintain,  and  operate  an  elec- 
tric light  plant,  with  the  necessary  ground,  buildings, 
engines,  boilers,  lamps,  poles,  wires  and  other  appurte- 
nances for  the  purpose  of  furnishing  electric  lights,  heat 
and  power  in  said  city  of  Carbondale,  and  such  addi- 
tion to  said  city  as  may  hereafter  be  made,  for  the 
period  of  twenty  years  from  and  after  the  passage  of 
this  ordinance. 

427  Sec.  2.  If  the  said  Bradberry  shall,  in  writing, 
within  thirty  davs  from  the  date  of  the  passage  of  this 
ordinance  accept  the  terms  and  conditions  of  this  ordin- 
ance, then  the  said  ordinance  and  the  provisions  there- 


182 


ORDINANCES  OF  THE 


of  shall  be  binding  and  obligatory  upon  the  said  R.  D. 
Bradberry,  his  successors  and  assigns,  vendee  or  ven- 
dees, as  well  as  upon  the  said  city  of  Carbondale,  Illinois. 

428  Sec.  3 The  said  Bradberry  shall  furnish  the 
said  city  with  not  less  than  eleven  arc  lights  for  street 
lighting,  to  be  located  as  requested  by  a committee 
on  lights,  which  shall  be  composed  of  one  member  of 
the  council  from  each  ward  of  the  said  city,  which  com- 
mittee shall  be  appointed  by  the  mayor  immediately 
after  the  adoption  of  this  ordinance. 

429  Sec.  4.  The  said  lamps  shall  burn  from  dark 
until  midnight,  and  shall  be  of  1,500  nominal  candle 
power.  In  case  the  city  council  shall  at  an}’  time  de- 
termine by  resolution  or  ordinance  that  said  lights  shall 
burn  all  night,  then  the  said  city  agrees  to  pay  at  the 
rate  of  eleven  dollars  per  light  per  month,  provided 
that  the  said  resolution  or  ordinance  shall  fix  the  period 
of  time  that  said  lights  shall  burn  all  night. 

430  Sec.  5.  That  in  case  said  lamps  shall  at  any 
time  fail  to  burn  as  provided  in  this  ordinance  there 
shall  be  a rebate  of  the  rental  for  such  period  of  time 
as  said  lamps  fail  to  burn. 

431  Sec.  6.  That  said  grounds,  plant,  building, 
lamps,  poles,  wires,  fixtures  and  appurtenances  shall, 
for  carrying  out  the  provisions  of  this  ordinance,  re- 
main at  all  times  the  property  of  R.  D.  Bradberry  or 
his  legal  representatives,  and  he  may  sell  or  dispose  of 
the  same  as  provided  in  this  ordinance. 

432  Sec.  7.  That  the  rate  of  compensation  or 
rental  for  the  furnishing  of  such  lights  shall  be  at  the 
rate  of  seven  dollars  and  twenty-five  cents  per  light 
per  month  or  eighty-seven  dollars  per  light  per  year. 
The  city  hereby  agrees  to  take  not  less  than  eleven 
lights  and  pay  seven  dollars  and  twenty-five  cents  per 
month  for  each  and  every  light.  A warrant  shall  be 
drawn  by  the  city  council  upon  the  treasurer  at  each 


CITY  OF  CARBONDALE 


183 

and  every  regular  monthly  meeting  of  the  said  council 
to  pay  the  said  R.  D.  Braclberry  or  his  legal  represent- 
atives for  all  debts  due  him  for  lights  for  the  past  and 
previous  month  during  the  period  that  this  contract 
shall  remain  in  force,  which  shall  be  for  the  term  of 
five  years  from  the  date  of  the  passage  of  this  ordin- 
ance. 

433.  Sec.  8.  Said  R.  D.  Bradberry  shall,  within  six 
months  from  the  passage  of  this  ordinance,  complete 
said  electric  plant  and  furnish  said  city  the  lights  in  ac- 
cordance with  the  stipulations  of  this  ordinance. 

434  Sec.  9.  Said  Bradberry  shall  furnish  such 
lights  of  the  best  quality  and  equal  to  lights  of  like 
character  in  other  cities. 

433  Sec.  10.  The  poles  and  lamps  for  the  use  of 
said  city  shall  be  of  the  height  not  exceeding  thirty  feet, 
as  the  mayor  or  committee  on  lights  shall  designate  to 
said  Bradberry  in  writing.  Said  Bradberry  shall  notify 
the  mayor  when  he  is  ready  to  procure  the  poles,  and 
the  mayor  or  committee  shall  notify  him  of  the  height 
of  said  poles  and  the  places  where  to  be  erected  within 
thirty  days  thereafter. 

436  Sec.  11.  In  case  the  city  council  shall  at  any 
time  determine,  by  resolution  duly  passed,  that  more 
lamps  are  required  in  order  to  properly  light  said  city 
than  are  hereinbefore  provided  for,  then  the  said  Brad- 
berry shall,  upon  receiving  notice  from  the  proper  au- 
thorities of  said  city,  erect  and  put  in  place  and  main- 
tain such  additional  lights,  and  the  rate  of  compensation 
or  rental  for  such  additional  shall  be  at  the  rate  of 
seven  dollars  and  twenty-five  cents  per  light  per  month 
and  paid  as  hereinbefore  provided  for  payment  of  said 
electric  lights. 

437  Sec.  12.  Said  Bradberry  shall  not  charge  pri- 
vate consumers  more  than  the  rate  charged  and  agreed 
upon  for  the  use  of  the  city,  and  where  private  con- 


184 


ORDINANCES  OF  THE 


sumers  use  the  incandescent  light  the  said  Bradberry 
shall  not  charge  more  than  one  dollar  per  light  per 
month  for  16-candle  power  incandescent  lights,  but 
may  charge  such  rates  as  may  be  agreed  upon  between 
said  Bradberry  and  the  private  consumer  not  to  exceed 
the  above  rate. 

438  Sec.  13.  Said  Bradberry  shall  have  the  right 
to  sell  or  otherwise  dispose  of  said  land,  poles,  wire, 
lamps,  building,  engines,  boiler,  dynamos  and  all  the 
operating  appliances  and  fixtures  thereto  belonging 
and  in  anywise  appertaining,  and  the  company,  corpora- 
tion, firm  or  persons  becoming  entitled  thereto  from 
said  Bradberry  shall  have  all  the  rights  and  privileges 
and  be  bound  by  all  the  terms  of  this  ordinance. 

Passed  April  10,  1891. 

Approved  April  10,  1891. 

Published  April  18,  1891. 

HUGH  LAUDER, 

Attest:  W.  H.  Hudson,  Jr.,  Mayor. 

City  Clerk. 


ORDINANCE  NO.  253. 

An  Ordinance  Authorizing  the  Making  of  a Contract 
for  Street  Lighting  and  Providing  for  the  Payment 
Thereof. 

Be  it  ordained  by  the  city  council  of  the  city  of 
Carbondale,  Illinois: 

439  Section  i.  That  the  mayor  and  city  clerk  be, 
and  they  are  hereby,  authorized  and  directed  to  enter 
into  a contract  with  the  Carbondale  Lighting  Company 
for  the  furnishing  of  street  lighting  to  the  city  of  Car- 


CITY  OF  CARBONDALE 


185 


bondale  for  the  period  of  time  commencing  October  i, 
1900,  and  terminating  April  1,  1911.  Said  contract  shall 
include  the  placing  and  maintaining,  during  said  period, 
of  forty-five  arc  lamps  of  twelve  hundred  nominal 
candle  power  each,  the  same  to  be  lighted  every  night 
from  one  hour  after  sunset  until  daybreak,  and  the  city 
in  said  contract  shall  undertake  and  agree  to  pay  to  the 
.American  Trust  and  Savings  Bank  of  Chicago,  trustee, 
for  each  and  every  one  of  the  lights  furnished  under 
said  contract  at  the  rate  of  six  dollars  per  month,  pay- 
ments to  be  made  on  or  before  the  10th  of  the  month, 
for  lights  furnished  during  the  preceding  month. 

440  Sec.  2.  For  the  purpose  of  providing  for  the 
funds  with  which  to  pay  the  rentals  herein  agreed  to  be 
paid,  there  shall  be,  and  there  is  hereby,  levied  a direct 
annual  tax  upon  all  the  taxable  property  in  the  city  of 
Carbondale  sufficient  to  produce  the  sum  of  three  thou- 
sand two  hundred  and  forty  dollars  ($3,240)  annually. 
Said  lev}/  is  here  and  now  laid  for  the  year  1900,  and 
shall  in  due  time,  manner  and  season  be  annually  here- 
after made,  and  provisions  to  meet  the  requirements  of 
this  section  shall  be  included  in  the  annual  appropria- 
tion bill. 

441  Sec.  3.  This  ordinance  shall  be  in  force  from 
and  after  its  passage. 

442  Sec.  4.  This  ordinance  shall  be  known  as  ordi- 
nance No.  253. 

Passed  November  21,  1900. 

Approved  November  21,  1900. 

Published  November  24,  1900. 

J.  M.  DILLINGER, 

Attest:  F.  M.  Caldwell,  Mayor. 

City  Clerk. 


ORDINANCES  OF  THE 


1 86 


ORDINANCE  NO.  206. 

An  Ordinance  to  Permit  the  Standard  Oil  Company  of 
Kentucky,  (incorporated,)  with  General  Office  at 
Cincinnati,  Hamilton  County,  Ohio,  to  Erect  Build- 
ings and  Tanks  for  Storing  and  Handling  the  Pro- 
duct of  Petroleum. 

Be  it  ordained  by  the  city  council  of  the  city  of 
Carbondale,  Jackson  county,  State  of  Illinois: 

443  Section  i.  That  permission  is  hereby  granted 
unto  the  Standard  Oil  Company  of  Kentucky,  (incor- 
porated,) to  erect  on  the  following  described  property: 
Lots  666,  667,  668  and  669  in  Asgil  Conner’s  addition  to 
Carbondale  such  buildings  and  tanks  as  it  may  find 
necessary  for  the  carrying  on  of  its  business  as  dealers 
in  the  product  of  petroleum. 

444  Sec.  2.  This  ordinance  shall  take  effect  from 
and  after  its  passage. 


STATE  OF  ILLINOIS,  / ss 
County  of  Jackson,  f 

Mayor’s  Office  of  the  City  of  Carbondale,  III. 

I,  Thos.  F.  Hord,  mayor  of  the  city  of  Carbondale, 
Jackson  county,  State  of  Illinois,  hereby  officially  ap- 
prove the  foregoing  ordinance  passed  by  the  council  of 
the  city  of  Carbondale,  Jackson  county,  State  of  Illinois, 
at  a regular  meeting  of  said  council,  held  at  the  city 
hall  (city  clerk’s  office,)  in  said  city  of  Carbondale  on 
the  5th  day  of  May,  A.  D.  1896. 

Passed  and  approved  May  5,  1896. 

Published  May  9,  1896. 

THOS.  F.  HORD, 

Attest:  F.  M.  Caldwell,  Mayor. 

City  Clerk. 


CITY  OF  CARBONDALE 


i87 


ORDINANCE  NO.  199. 

An  Ordinance  Authorizing  a Telephone  Exchange. 

Be  it  ordained  by  the  city  council  of  the  city  of 
Carbondale,  Illinois: 

445  Section  i.  That  in  consideration  of  the  bene- 
fits to  be  attained  and  to  result  to  this  city  and  to  the 
residents  thereof  by  and  from  the  introduction  and  use 
of  a system  of  telephone,  or  telephone  exchange,  as 
hereinafterwards  provided,  and  upon  the  considerations 
and  terms  and  subject  to  the  limitations  hereinafter  ex- 
pressed and  set  forth,  there  be  and  is  hereby  given  and 
granted  to  C.  L.  Downey,  of  the  city  of  Cincinnati, 
State  of  Ohio,  and  to  his  heirs,  representatives  and  as- 
signs, the  right  and  privilege  of  setting  up,  putting  up, 
establishing  and  completing,  and,  upon  completion,  to 
maintain,  use  and  operate  for  a period  of  fifty  years 
from  and  after  this  date  within  said  city  a system  of 
telephones,  or  telephone  exchange,  for  the  purpose  of 
maintaining  communication  by  telephone  by  and  among 
the  residents  of  the  city,  and  also  of  establishing  and 
maintaining  telephone  communication  between  said  city 
and  its  residents  and  any  other  neighboring  city,  village 
or  town  in  Southern  Illinois  with  which  such  communi- 
cation may  be  established;  and  for  that  purpose  there 
is  hereby  given  and  granted  him  and  them  the  right  to 
put  in,  set  up  and,  during  the  period  aforesaid,  to  main- 
tain in  the  public  streets,  alleys,  ways  and  other  public 
grounds  in  and  of  the  city  now  opened,  laid  out  and 
used,  or  which  may  hereafter  be  laid  out,  opened  and 
used,  necessary  and  sufficient  posts  or  poles  of  wood, 
iron  or  other  suitable  material,  and  attaching  thereto 
necessary  wire  to  successfully  effect,  use  and  operate  a 
telephone  system  or  telephone  exchange. 

446  Sec.  2.  All  the  posts,  poles  and  wires  of  said 
system  shall  be  located,  placed  and  put  in  under  the 
direction  of  the  city  council  of  the  city  or  its  committee 
on  public  improvements,  and  none  of  the  same  shall  be 
so  located,  put  in  or  placed  as  to  interfere  with  neces- 
sary travel,  trade  or  business  on  the  streets,  alleys,  ways, 


1 88 


ORDINANCES  OF  THE 


sidewalks  or  pavements  of  the  city,  or  to  impede,  pre- 
vent or  interfere  with  the  free  flowage  of  water  in  or 
through  the  gutters,  ditches,  drains  or  sewers  of  the 
city,  and  such  portions  of  any  such  streets,  alleys,  ways, 
walks,  pavements,  gutters,  drains  or  sewers  as  may  un- 
avoidably be  excavated,  dug  up  or  in  any  way  interfered 
with  in  putting  in  said  posts,  poles  or  wires,  or  other 
portions  of  said  system,  shall,  as  soon  as  reasonably 
practicable,  be  restored  to  as  good  condition  as  shall  be 
practicable,  and  all  posts,  poles,  wires  and  other  appur- 
tenances of  said  system  shall  be  at  all  times  kept  and 
maintained  by  said  C.  L.  Downey,  his  heirs,  representa- 
tives or  assigns,  in  reasonably  good  condition,  to  the  end 
that  no  interference  with  necessary  trade,  travel  or 
business  in,  or  with  necessary  and  reasonable  use  of,  the 
streets,  alleys,  ways,  walks,  pavements,  gutters,  ditches, 
drains  or  sewers  be  thereby  occasioned. 

447  Sec.  3.  The  said  C.  L.  Downey,  his  heirs,  rep- 
resentatives and  assigns  shall  establish  and  maintain 
under  proper  and  reasonable  rules  and  regulations  at 
some  suitable  and  convenient  house,  building  or  place 
in  the  city  a central  office  and  operator  on  lines  of  tele- 
phone during  all  time  of  his  or  their  enjoyment  of  the 
rights  and  privileges  hereby  given  and  granted. 

448  Sec.  4.  For  the  purpose  of  successfully  main- 
taining and  operating  the  said  telephone  system  or  ex- 
change the  said  C.  L.  Downey,  his  heirs,  representatives 
and  assigns  may  establish  and  maintain  reasonable  rates 
of  charges  or  rental  for  the  use  of  the  instruments  to  be 
employed  and  used  as  a part  of  said  system  and  enforce 
the  collection  of  the  same;  provided , such  rates  of 
charges  shall  always  be  uniform,  and  shall  not,  in  any 
event  or  at  any  time,  exceed  the  rate  or  price  of  two 
dollars  and  fifty  cents  per  month  per  instrument. 

449  Sec.  5.  In  case  the  provisions  of  this  ordi- 
nance are  accepted  by  the  said  C.  L.  Downey  he  shall, 
within  ten  days  after  the  adoption  and  approval  hereof, 
deposit  with  the  city  treasurer  of  this  city  the  sum  of 
twenty-five  dollars  to  cover  and  defray  the  expenses  of 
the  adoption  and  publication  hereof,  and  shall  also  ex- 


CITY  OF  CARBONDALE 


189 


ecute  and  file  with  the  city  clerk,  within  the  same  time, 
an  instrument  in  writing  evidencing  such  acceptance  by 
him,  and  therein  and  thereby  obligate  and  bind  himself, 
his  heirs,  representatives  and  assigns  to  begin  the  work 
of  putting  in  and  constructing  the  said  system  within 
thirty  days  thereafter,  and  to  have  the  same  in  opera- 
tion and  use  within  sixty  days  from  the  date  of  such 
acceptance  of  the  provisions  of  this  ordinance. 

450  Sec.  6.  The  city  council  of  this  city  shall  pass 
and  adopt  and  thereafter  cause  to  be  enforced  neces- 
sary and  reasonable  ordinances  for  the  protection  and 
preservation  of  the  plant  and  property  of  said  system, 
and  hereby  agree  that  for  the  purpose  of  taxation  for 
city  purposes  the  said  plant  and  property  shall  be  listed, 
assessed  and  valued  in  the  same  manner  as  other  prop- 
erty in  said  city,  or  in  such  manner  as  shall  be  provided 
by  law. 

451  Sec.  7.  All  and  every  the  rights,  privileges 
and  immunities  hereby  given  and  granted  shall  be 
wholly  and  utterly  void  and  of  no  effect,  validity  or 
force,  and  shall  wholly  cease  and  be  determined  at  an 
end,  unless  the  provisions  of  this  ordinance  be  accepted 
in  the  manner  and  the  said  system  put  into  successful 
operation  within  the  time  herein  prescribed. 

452  Sec.  8.  That  C.  Lee  Downey  and  his  heirs, 
executors,  administrators  and  assigns  shall  be  required 
to  furnish  one  telephone  instrument,  which  shall  be 
free,  for  the  use  of  the  city  officers,  and  shall  be  placed 
wherever  the  city  council  may  designate. 

453  Sec.  9.  The  granting  of  this  ordinance  shall 
not  be  exclusive. 

This  ordinance  shall  be  known  as  ordinance  No.  199. 

Passed  and  adopted  June  17,  1895. 

Approved  June  17,  1895. 

Published  June  29,  1895. 

THOMAS  F.  HORD, 

Attest:  Ben  Wharton,  Mayor. 

City  Clerk. 


I 90 


ORDINANCES  OF  THE 


ORDINANCE  NO.  301. 

An  Ordinance  Providing  for  the  Licensing  of  Dram 
Shops  in  the  City  of  Carbondale,  Illinois. 

Be  it  ordained  by  the  city  council  of  Carbondale, 
Illinois: 

454  Section  i.  That  license  to  keep  a dram  shop, 
as  provided  for  in  chapter  43,  revised  statutes  of  Illi- 
nois, may  be  granted  in  the  said  city  upon  the  terms 
and  conditions  following: 

455  Sec.  2.  Any  person  or  persons  who  shall  de- 
sire to  keep  a dram  shop  under  the  provisions  of  this 
ordinance  shall  file  with  the  city  clerk  an  application  in 
writing  setting  forth  their  names,  ages,  occupations  and 
places  of  residence  for  five  years  preceding  the  date  of 
such  application;  the  place  or  building  where  such  bu- 
siness is  to  be  carried  on  and  the  names  of  all  persons 
interested  in  said  business  as  partners  or  otherwise. 
And  they  shall  also  file  with  the  city  clerk  an  agree- 
ment, in  writing,  providing  that  they  will  faithfully  ob- 
serve all  laws  of  the  State  of  Illinois  and  all  ordinances 
of  the  city  of  Carbondale  which  may  be  in  force  at  the 
time  of  entering  into  such  agreement,  or  which  may  be 
passed  thereafter,  while  such  license  granted  shall  be 
in  effect;  and  agreeing  further,  that  they  will  conduct 
their  places  of  business  in  a quiet,  decent  and  orderly 
manner  and  allow  at  all  times  free  and  thorough  in- 
spection of  their  places  of  business  by  the  regular  police 
force  of  the  city  of  Carbondale;  and  that  upon  violation 
of  any  of  the  laws  of  the  State  of  Illinois,  or  the  city  of 
Carbondale,  they  will  forfeit  their  licenses  and  also  for- 
feit whatever  amounts  they  have  paid  for  said  license, 
without  any  claims  whatever  against  said  city  for  the 
unexpired  portion  thereof.  And  that,  if  at  any  time 
the  city  council  shall  decide  to  discontinue  licensing 
dram  shops,  they  will  surrender  their  said  licenses  and 
discontinue  their  said  business,  upon  payment  to  them 
of  the  amounts  due  for  the  unexpired  portion  of  said 
license. 


CITY  OF  CARBONDALE 


91 


456  Sec.  3.  All  dram  shops  established  under  this 
ordinance  shall  be  located  in  rooms  having  no  direct 
communication  with  any  other  room  or  building  (except 
one  water  closet  and  one  storage  room)  by  door,  win- 
dow, or  other  opening,  stairway,  dumb  waiter,  elevator 
or  other  means  of  communication  not  opening  onto  a 
street  or  alley,  unless  by  consent  of  two-thirds  of  the 
members  of  the  council  and  the  approval  of  the  mayor, 
nor  shall  any  dram  shop  be  located  nearer  than  one 
hundred  (100)  feet  to  any  building  used  regularly  for 
church  or  school  purposes. 

457  Sec.  4.  No  dram  shop  established  under  this 
ordinance  shall  be  permitted  or  allowed  to  maintain 
any  wine  room  or  private  room  where  liquors  are  served 
or  drank,  or  any  game  of  chance  conducted,  nor  shall 
any  gambling  device  or  slot  machine,  for  gambling  pur- 
poses, be  kept  or  used  on  the  premises  where  said  dram 
shop  is  located. 

458  Sec.  5.  It  shall  be  lawful  for  dram  shops  duly 
licensed  under  this  ordinance  to  keep  their  doors  open 
for  business  on  such  days  as  prescribed  by  laws  of  the 
State  of  Illinois  from  5:00  o’clock  a.  m.  to  12:00  o’clock 
p.  m.  of  such  days,  but  all  doors  or  other  means  of  com- 
munication with  the  room  in  which  said  dram  shop  is 
conducted  shall  be  securely  locked  and  fastened,  and 
not  opened  for  any  purpose,  from  12:00  o’clock  p.  m.  on 
Saturdays  until  5:00  o’clock  a.  m.  on  Mondays. 

459  Sec.  6.  Any  person  complying  with  the  pro- 
visions of  this  ordinance,  and  who  shall  be  granted  a 
license  hereunder,  shall  first  execute  a good  and  suffi- 
cient bond  in  the  sum  of  three  thousand  dollars  ($3,000) , 
with  at  least  two  securities,  in  conformity  with  the 
laws  of  the  State  of  Illinois,  conditioned  upon  a faith- 
ful compliance  with  all  ordinances  of  the  city  of  Car- 
bondale  and  all  laws  of  the  State  of  Illinois  which  may 
be,  or  become,  in  effect  during  the  period  such  license 
is  in  force,  and  to  pay  all  damages  to  all  persons  or 
property  which  may  arise  by  reason  of  the  violation  of 
any  of  the  laws  aforesaid. 


IQ2 


ORDINANCES  OF  THE 


460  Sec.  7.  It  shall  be  unlawful  for  any  keeper  of 
any  dram  shop  licensed  under  this  ordinance  to  permit 
any  loud,  boisterous,  profane  or  vulgar  language  to  be 
used  in  his  place  of  business,  nor  shall  he  permit  any 
singing  or  music  therein;  and  the  violation  of  this  sec- 
tion shall  subject  the  offender  to  a revocation  of  his 
license;  and  it  shall  be  the  duty  of  the  police  officers  of 
the  city  to  assist  in  strictly  enforcing  this  provision. 

461  Sec.  8.  The  mayor  of  the  city  of  Carbondale 
shall  have  power,  whenever  he  is  satisfied  that  the  laws 
of  the  State  of  Illinois,  or  the  ordinances  of  said  city, 
are  being  violated  by  any  dram  shop  keeper  licensed 
under  this  ordinance,  to  immediately  revoke  the  license 
granted  to  such  dram  shop  keeper,  and  such  dramshop 
keeper  shall  forfeit  any  amount  due  him  for  the  unex- 
pired portion  of  his  license;  provided  that  said  mayor 
shall  report  his  action  thereunder  to  the  next  regular 
meeting  thereafter  of  the  city  council,  which  may  ap- 
prove or  disapprove  the  same;  and  in  case  of  disappro- 
val, said  revocation  shall  have  no  effect;  and,  provided 
further , that  the  city  council  may,  at  any  regular  or 
special  meeting,  revoke  the  license  of  any  dram  shop 
keeper  licensed  under  the  provisions  of  this  ordinance 
for  any  violation  of  any  of  the  provisions  thereof. 

462  Sec.  9.  It  shall  be  unlawful  for  any  keeper  of 
any  dram  shop  licensed  under  this  ordinance  to  sell,  or 
permit  to  be  sold,  any  intoxicating  liquor,  of  any  char- 
acter whatever,  to  any  minor  without  the  consent  of 
his  or  her  parents  or  guardian,  or  to  any  habitual  drunk- 
ard or  intoxicated  person;  and  it  shall  be  unlawful  to 
allow  children  under  the  age  of  sixteen  years  to  enter 
any  dram  shop  licensed  under  the  provisions  of  this 
ordinance,  unless  accompanied  by  their  parents  or 
guardians. 

463  Sec.  10.  Before  any  license  to  keep  a dram 
shop  shall  be  granted  under  the  provisions  of  this  or- 
dinance the  applicant  for  the  same  shall  pay  to  the  city 
treasurer  a sum  equal  to  one  thousand  dollars ($t, 000) 
per  annum;  provided  no  license  shall  be  granted  for  a 


CITY  OF  CARBONDALE 


193 


longer  period  than  to  the  end  of  the  municipal  year  in 
which  granted,  and  for  no  shorter  period  than  three 
months,  except  at  the  end  of  the  municipal  year;  and 
provided , also , that  such  license  shall  not  be  transferable. 

464  Sec.  11.  The  mayor  of  the  city  of  Carbondale 
shall  have  power  to  approve  all  bonds,  locations  and 
applications  under  the  provisions  of  this  ordinance  until 
the  next  regular  meeting  of  the  city  council  which  shall 
then  approve  or  disapprove  his  action;  and  in  case  of 
disapproval,  such  licensee  shall  be  null  and  void  and  of 
no  effect,  and  such  license  shall  be  entitled  to  the  re- 
turn of  all  money  paid  in  by  him  except  for  such  time 
as  he  shall  have  been  actually  engaged  in  business. 

465  Sec.  12.  Any  violations  of  any  of  the  provis- 
ions of  this  ordinance,  in  addition  to  the  other  penal- 
ties therein  provided  for,  shall  subject  the  offender  to 
a fine  of  not  less  than  twenty-five  dollars  ($25)  nor 
more  than  two  hundred  dollars  ($200),  to  be  recovered 
in  any  court  of  competent  jurisdiction;  and  any  such 
offender  may  be  confined  in  the  city  jail  until  such  fine 
and  cost  of  prosecution  shall  be  duly  paid  or  discharged. 

466  Sec.  13.  This  ordinance  shall  be  known  as 
Ordinance  No.  301. 

Passed  August  13,  1904. 

Approved  August  13,  1904. 

Published  August  18,  1904. 

E.  E.  MITCHELL, 

Attest:  F.  M.  Caldwell,  Mayor. 

City  Clerk. 


ORDINANCE  NO.  31 1. 

An  Ordinance  Prohibiting  the  Sale  or  Giving  Away  of 
Intoxicating  Liquors  on  Sunday. 

Be  it  ordained  by  the  city  council  of  the  city  of  Car- 
bondale, Illinois: 

467  Section  i.  It  shall  be  unlawful  for  any  owner, 


194 


ORDINANCES  OF  THE 


proprietor  or  keeper  of  any  dram  shop,  saloon  or  other 
house  or  place  for  the  sale  of  intoxicating  liquors,  or 
any  other  person  or  persons,  either  by  or  through  his 
or  their  agent,  clerk  or  representative,  within  the  limits 
of  the  city,  to  sell  or  give  away,  or  offer  for  sale  or  offer 
to  give  away,  or  expose  or  suffer  to  be  exposed  for  sale 
or  giving  away,  any  intoxicating  liquors  on  the  first  day 
of  the  week,  commonly  called  Sunday,  either  in  his  or 
their  place  or  places  of  business,  or  in  any  house,  room 
or  building  adjacent  thereto,  or  in  any  other  house  or 
building  whatever;  nor  shall  any  person  or  persons  be 
admitted  to  any  such  places  aforesaid  for  the  purpose, 
directly  or  indirectly,  of  drinking  therein  or  obtaining 
for  drink  any  intoxicating  liquor  on  the  first  day  of  the 
week,  commonly  called  Sunday. 

468  Sec.  2.  Any  person  or  persons  offending  against 
any  of  the  provisions  of  this  ordinance  shall  be  fined 
not  less  than  twenty-five  dollars  nor  more  than  two 
hundred  dollars  for  each  and  every  offense,  to  be  re- 
covered in  any  court  of  competent  jurisdiction ; and  such 
offender  may  be  confined  in  the  city  jail  until  such  fine 
and  costs  of  prosecution  shall  be  fully  paid  or  dis- 
charged. 

469  Sec.  3.  This  ordinance  shall  be  in  full  force 
and  effect  from  and  after  the  expiration  of  ten  days 
from  its  passage  and  publication,  and  shall  not  repeal 
or  change  the  effect  of  any  other  ordinance  now  in  force 
in  this  city,  but  is,  in  effect,  an  amendment  to  ordinance 
No.  301. 

470  Sec.  4.  This  ordinance  shall  be  known  as  ordi- 
nance No.  31 1. 

Passed  October  10,  1905. 

Approved  October  10,  1905. 

Published  October  10,  1905. 

C.  E.  WHITE, 

A est:  F.  M.  Caldwell,  Mayor. 

City  Clerk. 


CITY  OF  CARBONDALE 


195 


ORDINANCE  NO.  273. 

An  Ordinance  Authorizing  the  Operation  and  Main- 
tenance of  a Water  Works  System  in  the  City  of 
Carbondale,  Illinois. 

Be  it  ordained  by  the  city  council  of  the  city  of  Car- 
bondale, Illinois: 

471  Section  i.  That  permission  and  authority  are 
hereby  granted  to  Carbondale  water  works  company 
and  its  assigns  to  maintain  and  operate  a water  works 
system  in  the  city  of  Carbondale,  111.,  and  to  furnish 
and  sell  water  for  hre  protection  and  for  private  or 
domestic  use  of  the  inhabitants  of  said  city  for  a period 
of  thirty  (30)  years  from  and  after  the  passage  of  this 
ordinance'  antT  permission  and  authority  are  also 
granted  to  said  company  to  enlarge  and  extend  said 
system  of  water  works  from  time  to  time,  and  for  this 
purpose  the  city  reserves  the  right  to  pass  any  such 
ordinance  or  ordinances  from  time  to  time,  and  enforce 
the  same  as  it  may  deem  necessary  to  control  and  regu- 
late such  extension,  and  also  to  provide  the  terms  and 
conditions  to  be  imposed  upon  said  company  or  its  as- 
signs in  regard  to  any  extension,  connection  or  other 
thing  that  the  city  may  desire  to  have  made  at  any  time, 
and  for  any  such  extension  or  other  purpose  as  may  be 
desired  by  the  city  the  said  company  shall  have  the 
right  to  open  the  streets  and  alleys  of  said  city,  leaving 
the  same  in  their  former  condition  or  in  condition  satis- 
factory to  the  city  council. 

472  Sec.  2.  In  consideration  of  the  granting  of  the 
franchise  aforesaid  by  the  city  to  the  said  company,  the  I 
said  company  or  its  assigns  undertakes  and  agrees  to  1 
provide  at  all  times  an  ample  and  sufficient  supply  of 
pure,  healthful  water,  free  from  salt  and  other  minerals 
in  sufficient  quantity  to  cause  same  to  be  or  become 
detrimental  to  health  or  vegetation,  to  meet  the  wants 
and  demands  of  the  city  of  Carbondale,  111.,  for  fire  pro- 
tection, and  of  such  inhabitants  of  said  city  as  may 


ORDINANCES  OF  THE 


196 


choose  or  desire  to  use  said  water  for  private  or  domes- 
tic purposes. 

473  Sec.  3.  The  said  company  or  its  assigns  is 
hereby  authorized  to  vend  water  to  private  consumers 
in  said  city  and  to  charge  therefor  during  the  continu- 
ance of  the  grant  hereby  made,  not  to  exceed  the  fol- 
lowing maximum  annual  rate: 

Banks,  one  self-closing  faucet $10  00 

Bakeries 15  oo 

Barber  shops,  one  chair  and  basin 6 00 

Each  additional  chair 3 00 

Baths,  public,  per  tub 12  00 

Hotels  and  boarding  houses,  per  tub 9 00 

Private,  per  tub 2 00 

Blacksmith  shops,  one  fire  ....  5 00 

Butcher  shops  and  stalls $5  00  to  12  00 

Billiard  saloons,  for  drinking  and  scrubbing  pur- 
poses exclusively,  one  table 6 00 

Each  additional  table 2 50 

Boarding  house,  per  room 1 00 

Building  purposes,  per  1,000  brick  laid 15 

Stone,  per  perch 10 

Plaster,  per  100  square  yards 30 

Cigar  factory,  five  hands  and  under 6 00 

Each  additional  hand 1 00 

Hotels,  per  room Special 

Halls  and  theatres Special 

Eaundries Special 

Eivery  stables Special 

Printing  offices,  not  including  steam  boilers  and 

engines $10  00  to  20  00 

Private  stable,  including  washing  carriages,  one 

horse  or  cow 1 3° 

Each  additional  horse  or  cow 1 00 

Photograph  galleries $6  00  to  10  00 

Residence  occupied  by  one  family,  five  rooms 

or  less 4 00 

Each  additional  room 1 00 

Restaurants Special 


CITY  OF  CARBONDALE 


1Q7 


Steam  engines,  assessed  per  horse  power,  ten 

hours  run  per  horse  power $ 5 00 

Sprinkling  premises,  yk  inch  nozzle,  four  hours 

per  day  and  50  foot  front  or  less,  per  season  5 00 

Each  additional  front  foot ...  05 

Street  sprinkling,  from  fence  line  outward  per 

front  foot 03 


SHOPS — SPECIAL  RATES. 


Tobacco  manufactures,  per  hand $ 1 00 

Urinals,  public,  with  self-closing  faucet 5 00 

Urinals,  private,  with  self-closing  faucet 2 00 

Water  closets,  private,  first  bowl 2 00 

Each  additional  bowl 1 00 

Water  closets,  public,  per  bowl 10  00 

Meter  rates,  100  to  500  gallons  per  day,  at  the 

rate  per  100  gallons .06 

500  to  [,000  gallons  per  day,  at 

rate  per  100  gallons .05 

1.000  to  2,000  gallons  per  day,  at 

rate  per  100  gallons .04 >2 

2.000  to  3,000  gallons  per  day,  at 

rate  per  100  gallons .04 

3.000  to  5,000  gallons  per  day,  at 

rate  per  100  gallons  .03 

5.000  to  10,000  gallons  per  day,  at 

rate  per  100  gallons .02 >4 

Over  ro,ooo  gallons  per  day,  at 

rate  per  100  gallons .02 


474  Sec.  4.  Before  this  franchise  takes  effect  or 
becomes  binding  upon  said  city,  the  said  water  works 
company  shall  furnish  to  the  mayor  and  three-fourths 
of  the  aldermen  elect  satisfactory  evidence  and  infor- 
mation that  it  has  made  such  arrangements,  connec- 
tions and  provisions  as  will  enable  it  to  furnish  water 
for  fire  protection  and  such  water  in  such  quantities  for 
private  and  domestic  uses  and  purposes  as  provided  for 
in  this  ordinance. 


ig8 


ORDINANCES  OF  THE 


475  Sec.  5.  This  franchise  shall  only  be  valid  and 
binding  upon  the  city  upon  the  surrender  and  cancel- 
lation of  the  $36,000.00  of  water  certificates  and  the  cou- 
pons attached  thereto  or  detached  therefrom,  said  cer- 
tificates having  heretofore  been  issued  by  this  city  to 
C.  A.  Iglehart  & Co.,  and  this  franchise  shall  only  be 
valid  and  binding  upon  the  further  condition  that  said 
company  or  its  assigns  shall  become  the  purchaser  and 
the  sole  and  exclusive  owners  of  the  water  works  plant 
now  located  in  this  city  and  advertised  for  sale  March 
4,  1902,  and.  shall  thereafter  operate  the  same  accord- 
ing to  the  provisions  herein  contained. 

476  Sec.  6.  The  city  council  hereby  reserves  the 
right  and  privilege  to  revoke,  rescind  or  annul  this 
franchise  at  any  time  should  said  company  or  its  as- 
signs fail  or  refuse  to  comply  with  any  of  the  provisions 
of  this  ordinance. 

477  Sec.  7.  The  said  water  works  company  shall 
within  thirty  days  from  this  date  file  with  the  city  coun- 
cil its  acceptance  of  this  ordinance,  otherwise  said  or- 
dinance is  to  be  null  and  void. 

Passed  January  7,  1902. 

Approved  January  7,  1902. 

J.  T.  McANALLY, 

Attest:  F.  M.  Caldwell,  Mayor. 

City  Clerk. 


ORDINANCE  NO.  290. 

An  Ordinance  Relating  to  Sewers,  Plumbing  and  Drain 
Laying,  and  to  Provide  for  the  Supervision  thereof. 

Be  it  ordained  by  the  city  council  of  the  city  of 
Carbondale,  Illinois: 

478  Section  i.  All  sewers  laid  or  constructed  in 
any  street,  avenue  or  alley  in  this  city  shall  be  laid  on 


CITY  OF  CARBONDALE 


1 99 


and  along  the  the  centre  line  thereof,  constructed  in 
such  form  and  of  such  dimensions  as  shall  be  prescribed 
by  ordinance,  contract  or  specifications,  and  shall  be 
laid  such  depth  as  to  effectually  drain  such  lateral  sewers 
as  may  be  conducted  into  the  same;  suitable  flush  tanks, 
wells,  man-holes,  lamp-holes,  vents  and  inlets  properly 
secured  with  a coping  stone;  iron  grates,  earthenware 
caps  or  plate  covers  shall  be  constructed  where  neces- 
sary at  proper  distances.  All  sewers  shall  be  built  or 
constructed  in  such  a way  that  they  can  be  extended  or 
that  a lateral  sewer  from  any  street,  avenue  or  alley,  or 
from  any  public  or  private  property  can  be  properly 
connected  therewith  and  suitable  openings,  “T”s  or  “Y” 
branches  left  therein  to  admit  of  such  extension  or  con- 
nections, the  same  to  be  located  at  such  points  as  may 
be  provided  by  ordinance  or  directed  by  the  board  of 
local  improvements,  and  to  be  securely  capped  or  other- 
wise closed;  and  a record  of  the  location  and  character 
of  all  such  sewers  with  openings,  “T”s  and  “Y,”s  shall 
be  made  and  filed  in  the  office  of  the  city  clerk. 

479  Sec.  2.  All  lateral  sewers  and  all  sewers  for 
the  drainage  of  private  private  property  into  the  public 
sewers  shall,  as  near  as  practicable,  conform  in  design, 
and  in  the  material  used  in  the  construction  thereof  to 
the  plans  and  specifications  for  the  construction  of  pub- 
lic sewers;  and  no  connection  with,  or  opening  into,  any 
public  sewer  from  any  drain  or  sewer  for  the  drainage 
of  any  private  property  shall  ever  be  made  except  with 
the  consent  of  the  county  council  or  its  board  of  local 
improvements. 

480  Sec.  3.  Whoever  shall  construct  or  cause  to 
be  constructed,  within  the  limits  of  the  city,  any  private 
drain  or  sewer  leading  into  any  public  sewer  built,  owned 
or  controlled  by  the  city  without  permission  as  required 
by  the  provisions  of  section  2 of  this  ordinance,  or  con- 
trary to  or  in  violation  of  any  ordinance  of  the  city,  shall 
on  conviction,  be  fined  not  less  than  ten  nor  more  than 
one  hundred  dollars  for  each  and  every  offense,  and  in 
addition  thereto  shall  also  be  liable  to  the  city,  or  to 


200 


ORDINANCES  OF  THE 


any  person  injured,  for  all  injuries  or  damages  thereby 
sustained,  to  be  recovered  in  any  appropriate  action  in 
any  court  of  competent  jurisdiction. 

481  Sec.  4.  Whoever  shall  deposit,  throw  or  dis- 
charge into  any  sewer,  inlet  or  catch-basin,  or  into  any 
flush-tank,  or  other  sewer  opening,  any  garbage,  butch- 
er’s offal,  dead  animal  or  other  matter  or  thing  calcu- 
lated to  obstruct  any  sewer  shall,  on  conviction,  be  fined 
not  less  than  ten  nor  more  than  two  hundred  dollars 
for  each  and  every  such  offense. 

482  Sec.  5.  Whoever,  within  the  city,  shall  break, 
deface,  remove,  or  in  any  other  manner  injure  any  cap 
or  coping  stone,  grate,  trap  or  other  appurtenance  or 
thing  belonging  to  any  catch-basin,  man-hole,  lamp-hole, 
vent,  flush-tank,  or  otherwise  disturb  or  injure  any 
sewer,  or  the  mouth  or  any  other  part  of  the  same, 
shall,  on  conviction,  be  fined  not  less  than  ten  nor  more 
than  two  hundred  dollars. 

483  Sec.  6.  Every  person  making  connection  of 
any  private  sewer  or  drain  with  any  public  sewer  shall 
provide  such  fixtures  with  and  to  such  private  sewer  or 
drain  as  will  allow  sufficient  quantity  of  water  to  flow 
into  and  through  the  same  to  carry  off  all  matter  enter- 
ing or  passing  through  the  same,  and  shall  at  all  times 
keep  such  private  sewer  open  and  unobstructed.  Who- 
ever shall  violate  or  fail,  refuse  or  neglect  to  comply 
with  the  requirements  of  this  section  shall,  on  convic- 
tion, be  fined  not  less  than  five  nor  more  than  twenty- 
five  dollars,  and  every  day  such  failure,  refusal  or  neg- 
lect shall  continue  after  the  first  penalty  is  incurred 
shall  be  deemed  a separate  offense. 

484  Sec.  7.  All  excavations  in  streets,  avenues, 
sidewalks  or  other  thoroughfares  of  the  city,  made  by 
any  person  or  persons  for  the  construction  or  repair  of 
any  sewer  or  drain,  or  the  laying  or  repair  of  any  gas 
or  water  pipe,  or  tapping  the  same,  shall,  immediately 
upon  the  completion  thereof,  be  filled  up  and  the  earth 
or  soil  thoroughly  tamped  or  puddled  till  all  earth  taken 


CITY  OF  CARBONDALE 


201 


out  shall  have  been  replaced,  and  all  pavement,  flagging 
or  curbing  replaced  and  restored  to  its  former  condi- 
tion and  such  street,  avenue,  alley,  sidewalk  or  other 
thoroughfare  put  in  as  good  condition  as  the  same  was 
before  such  excavation  was  made.  Whoever  shall  vio- 
late, or  shall  fail,  neglect  or  refuse  to  comply  with  the 
above  requirements,  shall,  on  conviction,  be  fined  not 
less  than  ten  nor  more  than  two  hundred  dollars  for 
each  offense,  and  in  addition  thereto  shall  also  be  liable 
for  whatever  expense  may  be  incurred  in  repairing  any 
such  street,  alley,  sidewalk  or  other  thoroughfare,  and 
all  damages  sustained  by  any  person  from  such  failure, 
neglect  or  refusal,  to  recover  in  any  appropriate  action 
in  any  court  of  competent  jurisdiction. 

485  Sec.  8.  Outside  of  buildings  where  the  soil  is 
of  sufficient  solidity  for  a proper  foundation,  hard- 
burned  vitrified  sewer  pipe  may  be  used.  The  sewer 
pipe  must  be  laid  on  a smooth  bottom,  with  a special 
groove  cut  in  the  bottom  of  the  trench  for  each  hub, 
and  so  well  rammed  on  each  side  of  the  pipe  that  it  shall 
lay  solid  before  the  cement  joint  is  made.  The  joints 
must  be  filled  and  rounded  off  with  good  cement 
mortar,  made  of  best  cement  and  clear,  sharp  river  sand 
mixed,  of  equal  parts  cement  and  sand.  The  cement 
must  be  mixed  in  small  quantities  at  a time  and  used  as 
soon  as  made.  No  drains  shall  be  covered  up  until  they 
have  been  inspected. 

486  Sec.  9.  The  house  drains  shall  not  be  less  than 
five  inches  nor  more  than  eight  inches  in  diameter  and 
shall  have  a fall  of  not  less  than  one-quarter  of  an  inch 
to  one  foot,  unless  by  permission  of  the  city  council. 
Inside  drains  must  not  be  less  than  four  inches  for  water 
closets  and  three  inches  for  sinks,  tubs,  etc.  The  main 
drain  for  every  house  or  building  shall  be  separately 
and  independently  connected  with  the  street  sewer.  All 
house  drains  laid  beneath  the  ground  inside  of  the  build- 
ing or  beneath  the  cellar  floors  shall  be  of  standard 
cast  iron  soil  pipe,  with  well  leaded  and  calked  joints. 
Where  the  main  drains  are  connections  thereto  are  run 


202 


ORDINANCES  OF  THE 


above  the  cellar  floors  the  same  must  be  made  with 
standard  cast  iron  soil  pipe  or  lead. 

487  Sec.  10.  Cellar  drains  must  never  be  connected 
with  house  drains,  but  must  be  constructed  as  follows: 
By  a system  of  field  tile  drains  to  a catch  basin  built  of 
brick  and  cement  mortar  and  have  a stone  cover,  the 
outlet  pipe  to  house  drain  to  be  properly  trapped  and 
the  inlet  pipe  from  cellar  drains  to  have  a back  pressure 
valve  of  approved  make. 

488  Sec.  11.  No  storm  water  shall  be  discharged 
into  the  sewer.  No  steam,  exhaust,  blow-off  or  drip 
pipe  shall  be  connected  with  the  sewer  or  any  house 
drain,  soil  or  waste  pipe.  Such  pipes  shall  be  discharged 
into  a tank  or  condenser,  from  which  a suitable  outlet 
to  the  house  drain  shall  be  provided. 

489  Sec.  12.  No  waste,  soil  or  drain  pipe  will  be 
allowed  to  drain  or  discharge  upon  the  street  or  alley. 

490  Sec.  13.  Wooden  wash  trays  and  sinks  are 
prohibited  inside  of  any  building.  They  shall  be  of 
non-absorbent  material. 

491  Sec.  14.  No  catch-basin  shall  be  allowed  in  any 
building  unless  by  special  permission  of  the  city  council. 

492  Sec.  15.  Lead  bends  or  traps  for  water  closets 
shall  not  be  less  than  one-eighth  of  an  inch  in  thickness. 

493  Sec.  16.  Waste  pipes  from  wash  basins  shall 
not  be  less  than  one  and  one-quarter  inch  in  diameter, 
and  for  sinks  and  bath  tubs  shall  not  be  less  than  one 
and  one-half  inches  in  diameter. 

494  Sec.  17.  All  connections  of  lead  pipes  shall  be 
wdped,  soldered  joint.  All  lead  waste  pipes  must  be  of 
the  quality  known  to  the  trade  as  “extra  light.”  No 
pipe  of  lighter  weight  will  be  allowed.  All  supply  pipes 
of  lead  must  be  of  the  quality  known  as  “strong”  or 
“extra  strong.” 


CITY  OF  CARBONDALE 


203 


495  Sec.  18.  The  main  soil  or  drain  pipe  must  be 
tapped  inside  the  foundation  wall  with  a cast  iron  trap 
and  provided  with  a hand  hold  or  cover  for  cleaning 
out.  A fresh  air  inlet  pipe  shall  be  run  from  the  inlet 
side  of  the  trap  to  a point  outside  of  the  building  and 
at  least  one  foot  above  the  grade  line.  The  fresh  air 
pipe  shall  not  be  less  than  three  inches  in  diameter. 
Where  the  main  drain  passes  through  or  under  a new 
wall  a receiving  arch  must  be  built  with  a two-inch 
clearance  on  the  sides  and  top  of  the  trap. 

496  Sec.  19.  Every  sink,  basin,  bath  tub,  water 
closet,  slop  hopper  and  each  set  of  wash  trays  and  every 
fixture  having  a waste  pipe  must  be  separately  trapped, 
the  trap  to  be  placed  as  near  the  fixture  it  serves  as 
practicable.  All  traps  (inside  of  building  or  covered 
with  roof  attached  to  a building)  must  be  protected 
from  syphonage  by  special  vent  pipes  of  cast  iron  or 
lead,  to  be  in  size  not  less  than  the  outlet  of  the  traps 
they  vent;  and  those  used  to  supply  air  to  traps  of  one 
or  more  water  closets  located  in  the  basement  or  on  the 
first  floor  of  a building  not  less  than  two  inches  in 
diameter. 

497  Sec.  20.  No  sheet  metal  or  earthenware  pipe 
or  chimney  flue  shall  be  used  as  a drain  or  trap  vent. 
Several  fixtures  may  be  vented  through  the  same  pipe 
where  cast  iron  soil  pipe  is  used  of  sufficient  size. 

498  Sec.  21.  All  cast  iron  soil  or  vent  pipes  must 
be  sound  and  free  from  holes  and  cracks  and  all  joints 
must  be  made  with  lead  and  oakum.  Connections  with 
lead  waste  pipes  and  traps  or  bends  must  be  made  with 
brass  or  lead  combination  ferrules  and  wipe  joints.  No 
cast  iron  soil  pipes  shall  be  used  of  lighter  weight  than 
what  is  known  to  the  trade  as  ‘'standard.” 

499  Sec.  22.  The  owner  or  agent  of  any  building 
in  course  of  construction  which  contains  plumbing  must 
contract  to  have  the  entire  system  of  soil  and  vent  pipes 
tested  by  stopping  the  openings  and  filling  the  same 
with  water  to  the  highest  point.  All  defective  pipes 


204 


ORDINANCES  OF  THE 


must  be  removed.  This  test  must  be  made  in  the 
presence  of  the  sanitary  inspector.  This  applies  to 
the  plumbing  work  in  old  buildings  that  are  being 
remodeled. 

500  Sec.  23.  Water  closets  must  never  be  placed 
in  an  unventilated  room  or  compartment.  In  every 
case  the  room  or  compartment  must  be  opened  to  the 
outer  air  or  to  be  ventilated  by  means  of  an  air  duct  or 
shaft  of  approved  size.  Interior  water  closets  within  the 
house  or  buildings  must  be  supplied  from  special  tanks 
or  cisterns. 


501  Sec.  24.  The  arrangements  of  all  soil  and 
waste  pipes  must  be  as  direct  as  possible;  all  changes  of 
direction  on  horizontal  pipes  shall  be  made  with  “Y” 
branches  one-sixth  and  one-eighth  bends. 

502  Sec.  25.  Every  vertical  soil  or  waste  pipe  shall 
extend  at  least  two  feet  above  the  roof  and  shall  be  of 
undiminished  size,  with  the  outlet  uncovered;  caps  or 
cowls  are  prohibited.  Such  soil  pipes  shall  not  open 
near  a window  nor  an  air  shaft  ventilating  living  rooms. 

503  Sec.  26.  Every  branch  or  horizontal  line  of 
soil  pipe  to  which  two  or  more  water  closets  are  to  be 
connected,  and  every  branch  line  of  horizontal  pipe  eight 
feet  or  more  in  lenghth  to  which  a water  closet  is  to  be 
connected,  shall  be  ventilated  either  by  extending  such 
soil  pipe  undiminished  in  size  to  at  least  two  feet  above 
the  roof  or  to  the  highest  part  of  the  building  or  by  ex- 
tending said  soil  pipe  and  connecting  it  with  the  main 
soil  pipe  above  the  highest  fixture,  or  by  ventilating  pipe 
connected  to  the  crown  of  each  water  closet  trap  not 
less  than  two  inches  in  diameter,  which  shall  be  increased 
one-half  inch  in  diameter  for  every  fifteen  feet  in  length, 
and  connected  with  a special  air  pipe  which  shall  not  be 
less  than  four  inches  in  diameter,  or  by  connecting  said 
ventilating  pipe  to  the  main  soil  pipe  above  the  highest 
fixture. 


CITY  OF  CARBONDALE 


205 


504  Sec.  27.  Drain  laying  as  herein  regulated  is 
hereby  defined  to  include  the  connection  with  public 
sewers  and  such  pipes  as  may  be  laid  beneath  the  sur- 
face and  more  than  four  feet  outside  the  foundation 
walls  of  building  to  be  drained,  if  such  building  contains 
plumbing,  or  which  may  be  intended  solely  to  drain  the 
foundation  walls,  cellar  and  roof  water  of  buildings 
which  do  not  contain  plumbing.  Plumbing  is  hereby  de- 
fined to  include  the  pipes,  fixtures  and  all  appurtenances 
thereto  which  are  used  to  connect  the  water  to,  and  to 
distribute  in  or  about  any  premises  or  building  for  any 
use  whatever,  all  pipes  and  appurtenances  used  or  to  be 
used  for  conveying  liquid  water  within  and  to  a distance 
of  four  feet  outside  the  foundation  walls  of  any  build- 
ing and  all  pipes  and  appurtenances  used  to  ventilate 
the  drains,  fixtures  or  traps  in  any  building,  Also  all 
pipes  and  connection  through  which  gases,  vapor  or 
wastes  of  any  kind  may  discharge  into  drains  or  sewers. 

505  Sec.  28.  No  person  shall  be  allowed  to  engage 
in  or  work  at  the  business  of  plumbing,  except  to  repair 
leaks,  either  as  master  plumber,  employing  plumber  or 
as  a journeyman  plumber,  within  the  limits  of  this  city 
without  first  having  obtained  a license  of  the  city  coun- 
cil of  said  city  to  do  plumbing. 

506  Sec.  29.  The  name  and  residence  of  each  and 
every  person  to  whom  such  license  is  granted,  together 
with  the  date  thereof,  shall  be  entered  upon  the  record 
of  said  city  at  the  time  of  the  granting  of  such  license; 
provided , that  no  license  shall  be  granted  for  a longer 
period  than  one  year;  and  provided , further , that  the  sum 
of  $5  shall  be  paid  the  city  for  each  and  every  license 
so  granted.  Applicants  for  such  licences  must  be  ex- 
perienced in  the  business  and  must  furnish  the  city 
council  with  satisfactory  evidence  of  the  required  quali- 
fications. Application  shall  be  made  to  the  city  council 
in  writing,  and  shall  state  in  full  the  name  of  the  appli- 
cant, his  place  of  residence  and  where  he  has  formerly 
been  engaged,  also  the  name  under  which  the  business 
is  to  be  carried  on. 


206 


ORDINANCES  OF  THE 


507  Sec.  30.  Before  being  entitled  to  a license  un- 
der the  provisions  of  this  ordinance  the  applicant  there- 
for shall  give  a bond,  payable  to  the  city,  with  surety 
to  be  approved  by  the  city  council  in  the  penal  sum  of 
one  thousand  dollars,  conditioned  that  he  will  indem- 
nify and  save  harmless  the  city  of  Carbondale  from  all 
accidents  and  damages  caused  by  any  failure  on  his 
part,  or  on  the  part  of  any  one  employed  by  him  or  work- 
ing under  his  charge  or  direction;  to  properly  protect 
the  work  in  his  charge  or  being  done  by  him,  or  that  he 
may  do  under  or  by  virtue  of  his  license,  and  that  he 
will  observe  and  conform  to  all  ordinances  of  the  city 
and  all  rules  and  regulations  pertaining  to  the  laying  of 
drains,  gas  and  water  pipes  and  the  construction  of 
sewers.  Any  plumber  or  drain  layer  who  shall  violate 
or  fail  or  refuse  to  conform  to  any  rule  or  regulation,  or 
the  provisions  of  any  ordinance  pertaining  to  the  plumb- 
ing, gas  fitting,  pipe  laying  or  the  construction  of  sewTers, 
shall,  in  addition  to  being  liable  on  his  bond  for  all  dam- 
ages thereby  occasioned,  also,  on  conviction,  be  fined  in 
any  sum  not  less  than  ten  nor  more  than  two  hundred 
dollars. 


508  Sec.  31.  All  licensed  plumbers  shall  be  held  re- 
sponsible for  all  acts  of  their  agents  or  employes  done 
by  virtue  of  his  or  their  said  acts. 

509  Sec.  32.  The  city  council  may  suspend  any  li- 
cense for  a definite  period  or  cancel  the  same  if  the  party 
is  found  guilty  of  violating  the  rules  and  regulations  duly 
established  or  is  shown  to  be  negligent,  unskillful  or  un- 
faithful in  his  work,  or  to  be  a person  unfit  or  unworthy 
of  being  trusted  or  employed  in  the  work  of  plumbing 
or  drain  laying.  Work  done  by  any  person,  firm  or 
corporation  whose  license  has  expired,  been  suspe  ^ded 
or  cancelled,  shall  not  be  inspected  or  accepted,  and 
the  water  shall  not  be  turned  on  to  such  work  by 
the  superintendent  of  water  works  or  by  any  of  his  em- 
ployes. 

510  Sec.  33.  The  mayor,  by  and  with  the  consent 
of  the  city  council,  shall  appoint  a supervisor  of  plumbing 


CITY  OF  CARBONDALE 


207 


and  drain  laying,  who  shall  hold  office  until  the  first  Tues- 
day in  May,  and  be  appointed  annually  thereafter,  who 
shall  be  known  as  sanitary  inspector,  and  who  shall  be 
competent  to  design  and  execute  plumbing  work.  The 
said  inspector  shall  be  in  no  way  connected  with  any  firm 
or  corporation  in  any  capacity  or  be  interested  finan- 
cially with  said  parties  in  the  business  of  plumbing  or 
drain  laying. 

51 1 Sec.  34.  The  inspector  of  plumbing  so  ap- 
pointed shall  give  bond  in  the  sum  of  $500,  said  bond 
to  be  signed  by  two  good  and  sufficient  securities  and 
approved  by  the  mayor  and  city  council  and  filed  with 
the  city  clerk. 

512  Sec.  35.  It  shall  be  the  duty  of  the  sanitary  in- 
spector to  receive  and  examine  all  plans  of  plumbing 
and  drainage  submitted  for  approval.  If  he  finds  them 
in  accordance  with  the  ordinances,  rules  and  regulations 
for  the  government  of  plumbing  and  drain  laying,  he 
shall  endorse  the  original  plan  or  plans  as  approved  and 
issue  a permit  for  the  construction  thereof,  and  shall 
file  in  a convenient  form  for  reference  the  duplicate 
plan  or  plans.  If  the  plans  submitted  are  not  in  accord- 
ance with  the  ordinances,  rules  and  regulations,  he  shall 
reject  them,  and  if  requested,  state  the  grounds  of  re- 
jection. Approval  or  rejection  of  plans  shall  be  made 
within  one  day  after  date  of  filing.  He  shall  investi- 
gate all  cases  reported  or  referred  to  him  of  bad  or  im- 
perfect work  or  material,  old  or  new,  and  report  same 
to  the  city  council.  He  shall  make  monthly  reports  to 
the  city  council  of  all  inspections  made  and  of  all  cases 
of  violation  or  attempted  violation  of  the  ordinances, 
rules  and  regulations  on  the  part  of  plumbers,  drain 
layers,  builders,  owners  or  agents,  and,  under  the  in- 
struction of  the  city  council,  prosecute  the  offending 
parties.  He  shall  keep  a record  of  all  inspections  made, 
and  when  the  plumbing  or  drain  laying  of  any  premises 
shall  be  satisfactorily  completed,  he  shall  issue  to  the 
parties  doing  the  work  a certificate  that  the  same  has 
been  lawfully  and  properly  done.  He  shall  charge  each 


208 


ORDINANCES  OF  THE 


plumber  and  drain  layer  the  fees  for  inspection  herein 
authorized  to  be  charged. 

513  Sec.  36.  It  shall  be  the  duty  of  every  plumber 
or  drain  layer  to  notify  the  sanitary  inspector  in  writ- 
ing when  work  is  ready  for  inspection.  Plumbers  shall 
also  notify  the  sanitary  inspector  of  all  extensions  or 
alterations  of  fixtures,  so  that  the  same  may  be  in- 
spected. For  each  inspection  the  sanitary  inspector 
shall  charge  the  sum  of  one  dollar. 

514  Sec.  37.  The  sanitary  inspector  shall  have  the 
right  to  enter  upon  any  premises  containing  plumbing 
or  drainage  at  all  reasonable  hours  to  ascertain  whether 
the  provisions  of  this  ordinance  have  been  or  are  being 
complied  with. 

515  Sec.  38.  All  licensed  plumbers  desiring  to  make 
connection,  extensions  or  alterations  of  any  water  pipe 
must  first  take  out  a permit  to  do  so  from  the  superin- 
tendent of  water  works  and  return  the  same  as  soon  as 
the  work  is  finished.  The  water  must  not  be  left  turned 
on  without  the  permission  of  the  superintendent  of  the 
water  works. 

516  Sec.  39.  This  ordinance  shall  be  in  force  and 
take  effect  from  and  after  its  passage. 

Passed  and  approved  April  24,  1903. 

Published  May  2,  1903. 

J.  T.  McANALLY, 

Attest:  F.  M.  Caldwell,  Mayor. 

City  Clerk. 


ORDINANCE  NO.  229. 

An  Ordinance  in  Relation  to  Persons  Walking  and 
Loitering  on  the  Streets  and  Other  Public  Places 
at  a Late  Hour  of  Night. 

Be  it  ordained  by  the  city  council  of  the  city  of  Car- 
bondale,  Illinois: 

517  Section  i.  That  any  person  or  persons  who- 


CITY  OF  CARBONDALE 


20Q 


soever,  being  a male  or  female,  within  the  limits  of  the 
city,  shall  be  found  walking  or  loitering  in  or  about  any 
street,  sidewalk,  alley  or  other  public  place  between  the 
hours  of  T2:oo  o’clock  at  midnight  and  4:00  o’clock  a.  m,, 
without  being  able  to  give  a good  and  legitimate  excuse 
therefor,  shall,  on  conviction,  be  fined  not  less  than 
three  doliars  nor  more  than  fifty  dollars. 

518  Sec.  2.  This  ordinance  shall  be  known  as  or- 
dinance No.  2 29,  and  shall  be  in  force  from  and  after  its 
passage  and  publication. 

Passed  June  7,  1898. 

Approved  June  7,  1898. 

Published  June  n,  1898. 

HUGH  LAUDER, 

Attest:  F.  M.  Caldwell,  Mayor. 

City  Clerk. 


ORDINANCE  NO.  293. 

An  Ordinance  to  Provide  for  the  Inspection  of  Weights 
and  Measures  and  for  the  Supervision  thereof. 

Be  it  ordained  by  the  city  council  of  the  city  of 
Carbondale,  Illinois: 

519  Section  i.  That  it  shall  be  the  duty  of  the 
mayor  of  the  said  city,  by  and  with  the  advice  of  the 
city  council,  on  the  first  Tuesday  in  May  in  each  year, 
or  as  soon  thereafter  as  he  may  elect,  to  appoint  a citizen 
of  said  city,  who  has  been  a resident  thereof  for  at  least 
one  year  last  passed,  to  the  position  of  inspector  of 
weights  and  measures,  who  shall,  before  entering  upon 
the  discharge  of  the  duties  of  his  office,  take  and  sub- 
scribe the  oath  prescribed  by  law  for  city  officers,  and 


210 


ORDINANCES  OF  THE 


shall  execute  a bond  in  the  penal  sum  of  five  hundred 
dollars,  with  two  or  more  good  and  sufficient  sureties, 
to  be  approved  by  the  city  council,  payable  to  the  city 
of  Carbondale,  Illinois,  and  conditioned  for  the  faithful 
discharge  of  the  duties  of  his  office,  and  that  he  will,  at 
the  expiration  of  his  term  of  office,  or  upon  his  resigna- 
tion or  removal  from  office,  account  for,  pay  over  and 
deliver  to  his  successor  in  office,  or  to  the  person  legally 
appointed  to  receive,  all  money,  books,  papers  and 
everything  pertaining  to  his  office. 

520  Sec.  2.  It  shall  be  the  duty  of  said  inspector 
of  weights  and  measures  to  inspect  all  scales,  weights, 
beams,  balances  and  measures  used  by  every  person, 
firm  or  corporation  engaged  in  the  wholesale  or  retail 
dealing  in  merchandise,  or  other  commodities,  within 
the  city  limits  of  the  city  of  Carbondale,  Illinois,  and 
ascertain  if  the  same  are  correct  and  agree  with  the 
United  States  standard  of  weights  and  measures  of  such 
articles  as  may  be  dealt  in,  and  are  in  all  respects  in 
conformity  with  the  laws  of  the  State  of  Illinois. 

521  Sec.  3.  It  shall  be  the  duty  of  said  inspector 
of  weights  and  measures,  after  having  examined  any 
scale,  weight,  beam,  balance  or  measure,  to  stamp  upon 
the  same  in  a plain  and  visible  manner  the  date  of  his 
inspection  and  that  the  same  has  been  found  correct. 

522  Sec.  4.  If  any  scale,  weight,  beam,  balance  or 
measure  has  been  found  incorrect  by  said  inspector,  it 
shall  be  his  duty  to  stamp  the  same  in  a plain  and  vis- 
ible manner  that  the  same  is  incorrect  and  the  date  of 
such  inspection. 

523  Sec.  5.  Any  person,  firm,  company  or  corpora- 
tion using  any  scale,  weight,  beam,  balance  or  measure 
for  the  purpose  of  selling,  by  retail  or  wholesale,  any 
merchandise  or  other  commodity,  within  the  city  limits 
of  the  city  of  Carbondale,  Illinois,  shall,  upon  demand 
of  said  inspector,  exhibit  to  him  all  and  every  scale, 
weight,  beam,  balance  or  measure  used  by  him,  them  or 
it  in  the  business  aforesaid,  for  the  purpose  of  inspec- 


CITY  OF  CARBONDALE 


21  I 


tion,  and  shall  afford  said  inspector  every  opportunity 
for  making  a correct  test  of  the  same. 

524  Sec.  6.  The  inspector  herein  provided  for  shall 
be  paid  a fee  of  fifty  cents  for  each  and  every  inspec- 
tion made  by  him,  to  be  paid  by  the  owner  of  such 
scale,  weight,  beam,  balance  or  measure;  provided  that 
one  charge  shall  be  made  annually  for  inspecting  all  the 
scales,  weights,  beams,  balances  and  measures  of  any 
one  person,  firm,  company  or  corporation,  unless  com- 
plaint shall  be  made  to  him  in  writing  that  a wrong  has 
been  perpetrated. 

525  Sec.  7.  Any  person,  firm,  company  or  corpo- 
ration engaged  in  the  wholesale  or  retail  vending  of 
any  merchandise  or  other  commodity,  by  weight  or 
measure,  who  shall  be  found  guilty  of  giving  false  or  in- 
accurate weights  or  measures,  shall  be  deemed  guilty 
of  a misdemeanor,  and  shall  be  fined  in  any  sum  not  to 
exceed  twenty  dollars.  And  any  person,  firm,  company 
or  corporation  so  engaged  who  shall  use  any  scale, 
weight,  beam,  balance  or  measure  not  examined,  tested 
and  stamped  as  correct  by  the  inspector  herein  pro- 
vided, shall  be  deemed  guilty  of  a misdemeanor  and 
fined  in  any  sum  not  to  exceed  twenty  dollars. 

526  Sec.  8.  It  shall  also  be  the  duty  of  said  inspec- 
tor, upon  the  request  of  any  person,  firm,  company  or 
corporation  using  an  electric  light,  gas  or  water  meter, 
to  attend  at  the  same  time  and  place  with  the  repre- 
sentative of  any  person,  firm,  company  or  corporation 
engaged  in  furnishing  electric  light,  water  or  gas,  and 
verify  the  reading  of  said  meters;  the  person,  firm,  com- 
pany or  corporation  requiring  the  attendance  of  the  in- 
spector shall  pay  therefor  a fee  of  ten  cents  for  each 
attendance. 

Passed  September  1,  1903. 

Approved  September  1,  1903. 

Published  September  3,  1903. 

E.  E.  MITCHELL, 

Attest:  E.  M.  Caldwell,  Mayor. 

City  Clerk. 


212 


ORDINANCES  OF  THE 


ORDINANCE  NO.  298. 

An  Ordinance  Prohibiting  Spitting  or  Expectorating  on 
any  Sidewalk,  or  in  any  Public  Hall  or  Church  or 
other  Public  Building,  and  Depositing  Rubbish, 
Paper,  Rags,  Dirt,  Filth  or  Slop  in  or  on  any  Street, 
Alley  or  other  Public  Place. 

Be  it  ordained  by  the  city  council  of  the  city  of 
Carbondale,  Illinois: 

527  Section  i.  That  it  shall  be  unlawful  for  any 
person  to  spit  or  expectorate  upon  any  sidewalk  or  in 
any  publie  hall  or  church  or  other  public  building,  and 
it  shall  be  unlawful  for  any  person  to  deposit  in  any 
street,  alley  or  other  public  place  any  rubbish,  paper, 
rags,  dirt,  filth  or  slop  of  any  character  whatever. 

528  Sec.  2.  Any  person  violating  the  provisions  of 
this  ordinance  shall  be  fined  not  less  than  one  dollar 
($1.00)  nor  more  than  ten  dollars  ($10.00) . 

Passed  and  approved  June  7,  1904. 

Published  June  9,  1904. 

E.  E.  MITCHELL, 

Attest:  P . M.  Caldwell,  Mayor. 

City  Clerk. 


ORDINANCE  NO.  295. 

An  Ordinance  Authorizing  a Telephone  Exchange. 

Be  it  ordained  by  the  city  council  of  the  city  of  Car- 
bondale, Illinois: 

529  Section  1.  That  in  consideration  of  the  bene- 
fits to  be  attained  and  to  result  to  this  city  and  to  the 
residents  thereof  by  and  from  the  introduction  and  use 
of  a system  of  telephone,  or  telephone  exchange,  as 
hereinafterward  provided,  and  upon  the  consideration 
and  terms  and  subject  to  the  limitations  hereinafter  ex- 


CITY  OF  CARBONDALE 


pressed  and  set  forth,  there  be  and  is  hereby  given  and 
granted  to  the  Jackson  County  Telephone  Company, 
of  Eikville,  Illinois,  and  to  its  representatives  and  as- 
signs, the  right  and  privilege  of  setting  up,  putting  in, 
and  establishing  and  completing,  and,  upon  completion, 
to  maintain,  use  and  operate  for  a period  of  twenty-five 
years  from  and  after  this  date  within  said  city  a system 
of  telephones,  or  telephone  exchange,  for  the  purpose 
of  maintaining  communication  by  telephone  by  and 
among  the  residents  of  the  city,  and  also  of  establishing 
and  maintaining  telephone  communication  between  said 
city  and  its  residents  and  any  other  neighboring  city, 
village  or  town  in  Southern  Illinois  with  which  such  com- 
munication may  be  established;  and  for  that  purpose 
there  is  hereby  given  and  granted  it  and  them  the  right 
to  put  in,  set  up  and,  during  the  period  aforesaid,  to 
maintain  in  the  public  streets,  alleys,  ways  and  other 
public  grounds  in  and  of  the  city  now  opened,  laid  out 
and  used,  or  which  may  hereafter  be  laid  out,  opened 
and  used,  necessary  and  sufficient  posts  or  poles  of  wood, 
and  attaching  thereto  necessary  wire  to  successfully  ef- 
fect, use  and  operate  a telephone  system  or  telephone 
exchange.  All  posts  or  poles  upon  which  wires  are  so 
attached  must  be  of  the  best  quality  of  white  cedar, 
straight,  and  of  uniform  dimensions,  not  less  than  six 
inches  in  diameter  at  top,  and  when  set  must  not  be  less 
than  twenty-five  feet  above  the  surface. 

530  Sec.  2.  Ail  the  posts,  poles  and  wires  of  said 
system  shall  be  located,  placed  and  put  in  under  the  di- 
rection of  the  city  council  of  the  city,  or  its  committee 
on  streets  and  alleys,  and  not  otherwise,  and  none  of  the 
same  shall  be  located,  put  in  or  placed  as  to  interfere 
with  necessary  travel,  trade  or  business  on  the  streets, 
alleys,  ways,  sidewalks  or  pavements  of  the  city,  or  to 
impede,  prevent  or  interfere  with  the  free  flowage  of 
water  in  or  through  the  gutters,  ditches,  drains  or  sewers 
of  the  city,  and  such  portions  of  any  such  streets,  alleys, 
ways,  walks,  pavements,  gutters,  drains  or  sewers  as  may 
unavoidably  be  excavated,  dug  up  or  in  any  way  inter- 
fered with  in  putting  in  said  posts,  poles  or  wires,  or 


214 


ORDINANCES  OF  THE 


other  portions  of  said  system,  shall,  as  soon  as  reason- 
ably practicable,  be  restored  to  as  good  condition  as 
shall  be  practicable,  and  all  posts,  poles,  wires  and  other 
appurtenances  of  said  system  shall  be  at  all  times  kept 
and  maintained  by  the  said  Jackson  County  Telephone 
Company,  and  its  representatives  and  assigns,  in  rea- 
sonably good  condition,  to  the  end  that  no  interference 
with  necessary  trade,  travel  or  business  in,  or  with  nec- 
essary and  reasonable  use  of,  the  streets,  alleys,  ways, 
walks,  pavements,  gutters,  ditches,  drains  or  sewers  be 
thereby  occasioned. 

531  Sec.  3.  The  said  Jackson  County  Telephone 
Company,  its  representatives  and  assigns,  shall  estab- 
lish and  maintain  under  proper  and  reasonable  rules 
and  regulations  at  some  suitable  and  convenient  house, 
building  or  place  in  the  city  a central  office  and  opera- 
tor on  lines  of  telephone  during  all  time  of  its  or  their 
enjoyment  of  the  rights  and  privileges  hereby  given  and 
granted. 

532  Sec.  4.  For  the  purpose  of  successfully  main- 
taining and  operating  the  said  telephone  system  or  ex- 
change the  said  Jackson  County  Telephone  Company, 
or  its  representatives  and  assigns,  may  establish  and 
maintain  reasonable  rates  of  charges  or  rental  for  the 
use  of  the  instruments  to  be  employed  and  used  as  a 
part  of  said  system  and  enforce  the  collection  of  the 
same;  provided  such  rates  of  charges  shall  always  be 
uniform;  and  shall  not,  in  any  event  or  at  any  time,  ex- 
ceed the  rate  or  price  of  one  dollar  and  twenty-five  cents 
per  month  per  instrument. 

533  Sec.  5.  The  rights,  privileges  and  immunities 
hereby  given  and  granted  are  not  transferable,  except 
upon  the  following  condition,  to-wit:  the  said  Jackson 
County  Telephone  Company  shall  first  pay  into  the  city 
treasury  of  the  city  of  Carbondale,  Illinois,  the  sum  of 
five  thousand  dollars,  lawful  money  of  the  United  States 
of  America,  and  any  sale,  bargain  or  transfer,  or  lease 
of  the  aforesaid  rights,  privileges  and  immunities  hereby 
given  and  granted  without  the  payment  of  the  said  sum 
of  money  into  the  said  city  treasury  aforesaid  shall 


CITY  OF  CARBONDALE 


215 


cause  all  the  said  rights,  privileges  and  immunities  so 
given  and  granted  to  wholly  cease  and  be  determined. 

534  Sec.  6.  That  the  said  Jackson  County  Tele- 
phone Company,  its  representatives  and  assigns,  shall 
be  required  to  furnish  two  telephone  instruments,  which 
shall  be  free,  for  the  use  of  the  city  officers,  and  shall 
be  placed  wherever  the  city  council  may  designate.  All 
bona  fide  subscribers  to  this  telephone  exchange  shall 
have  the  use  of  all  toll  lines  owned,  operated,  connected 
with  or  controlled  by  this  telephone  company  without 
charge. 

535  Sec.  7.  In  case  the  provisions  of  this  ordinance 
are  accepted  by  the  said  telephone  company  within  ten 
days  after  its  passage  and  approval,  the  said  telephone 
company  must  file  with  the  clerk  of  said  city  an  instru- 
ment in  writing  evidencing  such  acceptance  and  obli- 
gating itself  to  begin  the  work  of  putting  in  and  con- 
structing the  said  system  within  thirty  days  thereafter, 
and  to  have  same  in  operation  and  use  in  said  city  with- 
in six  months  from  the  date  of  such  acceptance,  and 
shall  pay  all  costs  of  passage  and  publication  of  this 
ordinance. 

536  Sec.  8.  This  ordinance  shall  be  known  as  or- 
dinance No.  295. 

Passed  March  3,  1904. 

Approved  March  12,  1904. 

Published  March  17,  1904. 

E.  E.  MITCHELL, 

Attest:  F.  M.  Caldwell,  Mayor. 

City  Clerk. 


ORDINANCE  NO.  296. 

An  Ordinance  Authorizing  a Telephone  Exchange. 

Be  it  ordained  by  the  city  council  of  the  city  of  Car- 
bondale,  Illinois: 

537  Section  i.  That  in  consideration  of  the  bene- 


2l6 


ORDINANCES  OF  THE 


fits  to  be  attained  and  to  result  to  this  city  and  to  the  res- 
idents thereof  by  and  from  the  introduction  and  use  of 
a system  of  telephone  or  telephone  exchange,  as  here- 
inafter provided,  and  upon  the  consideration  and  terms 
and  subject  to  the  limitations  hereafter  expressed 
and  set  forth,  there  be  and  is  hereby  given  and  granted 
to  the  Farmers’  League  and  Community  Telephone  As- 
sociation, of  Carbondale,  Illinois,  and  to  its  representa- 
tives and  assigns,  the  right  and  privilege  of  setting  up, 
putting  in  and  establishing  and  completing,  and  upon 
completion,  to  maintain,  use  and  operate  for  a period  of 
twenty-five  years  from  and  after  this  date  within  said 
city  a system  of  telephones,  or  telephone  exchange,  for 
the  purpose  of  maintaining  communication  by  telephone 
by  and  among  the  residents  of  the  city,  and  also  of  es- 
tablishing and  maintaining  telephone  communication 
between  said  city  and  its  residents  and  any  other  neigh- 
boring city,  village  or  town  in  Southern  Illinois  with 
which  such  communication  may  be  established;  and  for 
that  purpose  there  is  hereby  given  and  granted  it  and 
them  the  right  to  put  in,  set  up  and,  during  the  period 
aforesaid,  to  maintain  in  the  public  streets,  alleys,  ways 
and  other  public  grounds  in  and  of  the  city  now  opened, 
laid  out  and  used,  or  which  may  hereafter  be  laid  out, 
opened  and  used,  necessary  and  sufficient  posts  or  poles 
of  wood,  and  attaching  thereto  necessary  wire  to  suc- 
cessfully effect,  use  and  operate  a telephone  system 
or  telephone  exchange.  All  posts  or  poles  upon  which 
wires  are  so  attached  must  be  of  the  best  quality  of 
white  cedar,  straight  and  of  uniform  dimensions,  not 
less  than  six  inches  in  diameter  at  top,  and,  when  set 
must  be  not  less  than  twenty-five  feet  above  the  sur- 
face. 


538  Sec.  2.  All  the  posts,  poles  and  wires  of  said 
system  shall  be  located,  placed  and  put  in  under  the  di- 
rection of  the  city  council  of  the  city,  or  its  committee 
on  streets  and  alleys,  and  not  otherwise,  and  none  of 
the  same  shall  be  located,  put  in  or  placed  as  to  inter- 
fere with  necessary  travel,  trade  or  business  on  the 
streets,  al  eys,  ways,  sidewalks  or  pavements  of  the  city, 


CITY  OF  CARBONDALE 


217 


or  to  impede,  prevent  or  interfere  with  the  free  flowage 
of  water  in  or  through  the  gutters,  ditches,  drains  or 
sewers  of  the  city,  and  such  portions  of  any  such 
streets,  alleys,  ways,  walks,  pavements,  gutters,  drains 
or  sewers  as  may  unavoidably  be  excavated,  dug  up  or 
in  any  way  interfered  with  in  putting  in  said  posts, 
poles  or  wires,  or  other  portions  of  said  system,  shall, 
as  soon  as  reasonably  practicable,  be  restored  to  as  good 
condition  as  shall  be  practicable,  and  all  posts,  poles, 
wires  and  other  appurtenances  of  said  system  shall  be 
at  all  times  kept  and  maintained  by  the  said  Farmers’ 
League  and  Community  Telephone  Association  of  Car- 
bondale,  Illinois,  and  its  representatives  and  assigns,  in 
reasonably  good  condition,  to  the  end  that  no  inter- 
ference with  necessary  trade,  travel  or  business  in,  or 
with  necessary  and  reasonable  use  of,  the  streets,  alleys, 
ways,  walks,  pavements,  gutters,  ditches,  drains  or  sewers 
be  thereby  occasioned. 


539  Sec.  3.  The  said  Farmers’  League  and  Com- 
munity Telephone  Association  of  Carbondale,  Illinois, 
its  representatives  and  assigns,  shall  establish  and  main- 
tain, under  proper  and  reasonable  rules  and  regulations, 
at  some  suitable  and  convenient  house,  building  or  place 
in  the  city  a central  office  and  operator  on  lines  of  tel- 
ephone during  all  time  of  its  or  their  enjoyment  of  the 
rights  and  privileges  hereby  given  and  granted. 

540  Sec.  4.  For  the  purpose  of  successfully  main- 
taining and  operating  the  said  telephone  system  or  ex- 
change the  said  Farmers’  League  and  Community  'Tel- 
ephone Association  of  Carbondale,  Illinois,  or  its  rep- 
resentatives and  assigns,  may  establish  and  maintain 
reasonable  rates  of  charges  or  rentals  for  the  use  of  the 
instruments  to  be  employed  and  used  as  a part  of  said 
system,  and  enforce  the  collection  of  the  same,  provided , 
such  rates  of  charges  shall  always  be  uniform,  and  shall 
not  in  any  event,  or  at  any  time,  exceed  the  rate  or 
price  of  one  dollar  and  twenty-five  cents  per  month  per 
instrument. 


2 1 8 


ORDINANCES  OF  THE 


541  Sec.  5.  The  rights,  privileges  and  immunities 
hereby  given  and  granted  are  not  transferable,  except 
upon  the  following  condition,  to-wit:  The  said  Farmers’ 
League  and  Community  Telephone  Association  of  Car- 
bondale,  Illinois,  shall  first  pay  into  the  city  treasury  of 
the  city  of  Carbondale,  Illinois,  the  sum  of  five  thousand 
dollars,  lawful  money  of  the  United  States  of  America, 
and  any  sale,  bargain  or  transfer  or  lease  of  the  afore- 
said rights,  privileges  and  immunities  hereby  given  and 
granted  without  the  payment  of  the  said  sum  of  money 
into  the  said  city  treasury  aforesaid  shall  cause  all  the 
said  rights,  privileges  and  immunities  so  given  and 
granted  to  wholly  cease  and  be  determined. 


542  Sec.  6.  That  the  said  Farmers’  League  and 
Community  Telephone  Association  of  Carbondale,  Il- 
linois, its  representatives  and  assigns,  shall  be  required 
to  furnish  two  telephone  instruments,  which  shall  be 
free,  for  the  use  of  the  city  officers,  and  shall  be  placed 
wherever  the  city  council  may  designate.  All  bona  fide 
subscribers  to  this  telephone  exchange  shall  have  the 
use  of  all  toll  lines  owned,  operated,  connected  with, 
or  controlled  by  this  telephone  company  without  charge. 

543  Sec.  7.  In  case  the  provisions  of  this  ordinance 
are  accepted  by  the  said  telephone  company  within  ten 
days  after  its  passage  and  approval,  the  said  telephone 
company  must  file  with  the  clerk  of  said  city  an  instru- 
ment in  writing  evidencing  such  acceptance  and  obligat- 
ing itself  to  begin  the  work  of  putting  in  and  construct- 
ing the  said  system  within  thirty  days  thereafter,  and  to 
have  same  in  operation  and  use  in  said  city  within  six 
months  from  the  date  of  such  acceptance,  and  shall  pay 
all  costs  of  passage  and  publication  of  this  ordinance. 


544  Sec.  8.  T his  ordinance  shall  be  known  as  Or- 
dinance No.  296. 

Passed  March  3,  1904. 

Approved  March  9,  1904. 

Published  March  17,  1904. 


Attest: 


F.  M.  Caldwell, 


E.  E.  MITCHELL, 

Mayor. 


City  Clerk. 


CITY  OF  CARBONDALE 


219 


ORDINANCE  NO.  220. 

An  Ordinance  Regulating  the  Construction  of  Privies. 

Be  it  ordained  by  the  city  council  of  the  city  of 
Carbondale,  Illinois: 

545  Section  i.  That  all  privies  hereafter  built 
shall  be  so  constructed  that  the  outside  of  the  same 
shall  be  at  least  three  feet  distant  from  the  line  of  every 
adjoining  lot,  unless  the  owner  of  the  adjoining  lot  shall 
otherwise  agree,  and  the  same  distance  from  the  line  of 
the  right  of  way  of  any  railroad  running  through  any 
part  of  the  city,  and  a suitable  screen  or  tight  fence,  at 
least  four  feet  high,  shall  be  placed  between  each  privy 
and  the  adjoining  lot  or  railway  right  of  way.  And  all 
privies  heretofore  built  whose  construction  does  not 
comply  with  the  requirements  of  this  ordinance  shall  be 
changed  and  made  to  comply  therewith,  by  the  owner, 
agent  or  occupant  of  the  premises  on  which  the  same 
is  situated  within  thirty  (30)  days  after  receiving  notice, 
in  writing,  from  the  street  commissioner,  to  make  said 
change  or  alteration. 

546  Sec.  2.  That  any  owner,  agent  or  occupant  of 
premises  upon  which  a privy  is  situated  in  violation  of 
section  one  (1)  of  this  ordinance,  after  due  notice  as  pro- 
vided in  said  section,  shall  be  subject  to  a fine  of  not 
less  than  three  dollars  nor  more  than  fifty  dollars. 

Passed  June  24,  1897. 

Approved  June  24,  1897. 

Published  June  26,  1897. 

HUGH  LAUDER, 

Attest:  F.  M.  Caldwell,  Mayor. 

City  Clerk 


220 


ORDINANCES  OF  THE 


ORDINANCE  NO.  247. 

An  Ordinance  Granting  a Franchise  to  Henry  C.  Curtis, 
Marion  S.  Rogers  and  Stephen  D.  Underwood  to 
Construct,  Maintain  and  Operate  a Railroad  Track 
or  Switch. 

Be  it  ordained  by  the  city  council  of  the  city  of  Car- 
bondale,  Illinois: 


547  Section  i.  That  the  right  is  hereby  granted 
to  Henry  C.  Curtis,  Marion  S.  Rogers  and  Stephen  D. 
Underwood,  their  representatives,  successors  and  as- 
signs, to  construct,  maintain  and  operate  a railroad 
track  or  switch  within  the  limits  of  the  city  of  Carbon- 
dale  for  the  period  of  fifty  (50) years  from  the  date  of 
the  passage  of  this  ordinance,  from  a point  on  the  right 
of  way  of  the  Illinois  Central  railroad  to  the  mill  prop- 
erty and  its  appurtenances  situated  on  lot  number  721 
and  adjacent  lots  in  said  city  of  Carbondale,  Illinois. 

548  Sec.  2.  That  said  Henry  C.  Curtis,  Marion  S. 
Rogers  and  Stephen  D.  Underwood,  their  representa- 
tives, successors  and  assigns,  shall  keep  open  and  in  good 
repair  all  necessary  ditches,  culverts  and  drains  along 
and  under  the  tracks  within  the  limits  of  the  said  city 
of  Carbondale,  Illinois,  so  that  natural  drainage  of  ad- 
jacent property  shall  not  be  impeded;  and  they  shall 
construct  and  keep  in  good  repair  good  and  sufficient 
crossings  over  their  railroad  track  the  full  width  of  the 
streets  over  which  said  railroad  switch  passes  in  making 
the  connection  mentioned  in  section  1 of  this  ordinance, 
said  switch  to  be  on  level  of  street  at  point  of  crossing. 

549  Sec.  3.  Any  street  obstructed  by  any  car  on 
said  railroad  track  or  switch  longer  than  five  minutes 
at  a time  shall  subject  said  Henry  C.  Curtis,  Marion  S. 
Rogers  and  Stephen  D.  Underwood,  or  either  of  them, 
to  a penalty  of  five  dollars  for  each  offense. 


CITY  OF  CARBONDALE 


22  t 


550  Sec.  4.  This  ordinance  shall  be  known  as  or- 
dinance No.  247. 

Passed  and  approved  July  3,  igco. 

Published  July  14,  1900. 

J.  M.  DILEINGER, 

Attest:  F.  M.  Caldwell,  Mayor. 

City  Clerk. 


ORDINANCE  NO.  303. 

An  Ordinance  Providing  for  the  Issue  of  Bonds  of  the 
City  of  Carbondale  in  the  sum  of  $55,000.00  to 
Refund  Outstanding  Bonds  of  said  City  and  Provid- 
ing for  the  Collection  of  a Direct  Annual  Fax  to  Pay 
the  Interest  and  Discharge  the  Principal  thereof. 

Whereas,  The  city  of  Carbondale  has  an  outstand- 
ing legal  and  binding  indebtedness  in  the  sum  of  seven 
thousand  two  hundred  dollars,  evidenced  by  bonds  of 
the  city  bearing  date  of  July  1,  1892,  numbered  16,  17, 
1 8,  19,  20,  21,  22,  23,  24,  25,  26,  27,  29,  33,  49,  50,  51,  52, 
53,  54,  55,  56,  57,  58,  59,  60,  61,  62,  63,  64,  65,  66,  67,  68, 
69  and  70,  to  become  due  in  twenty  years  after  their  said 
date;  and 

Whereas,  Said  city  has  a further  legal  and  binding 
outstanding  indebtedness  in  the  sum  of  forty-eight 
thousand  dollars,  evidenced  by  bonds  of  the  city  bear- 
ing date  of  January  1,  1895,  numbered  No.  1 to  No.  96, 
to  become  due  in  twenty  years  from  their  date,  all  bear- 
ing interest  at  the  rate  of  five  per  cent  per  annum,  pay- 
able semi-annually;  and 

Whereas,  In  the  issuing  of  all  of  said  bonds  the  city 
reserved  the  option  and  right  to  redeem  and  pay  off 
said  bonds  at  any  time  after  ten  years  from  their  said 
dates;  therefore, 

Be  it  ordained  by  the  city  council  of  Carbondale: 

551  Section  i.  That  for  the  purpose  of  redeem- 
ing and  paying  said  bonds  and  refunding  said  indebted- 


ORDINANCES  OF  THE 


22  ~> 


ness,  and  reducing  the  interest  thereon,  there  shall  be 
issued  a series  of  bonds  of  the  city  in  the  sum  of  fifty- 
five  thousand  dollars,  consisting  of  fifty-five  bonds  of 
the  denomination  of  one  thousand  dollars,  numbered 
consecutively  from  No.  i to  No.  55,  bearing  date  of  Jan- 
uary 1,  1905,  to  become  due  twenty  years  after  their 
date,  to  bear  interest  at  the  rate  of  four  and  one-half 
per  cent  per  annum  from  their  said  date  until  paid,  pay- 
able semi-annually  on  July  1 and  January  1 of  each 
year,  and  that  both  principal  and  interest  shall  be  pay- 
able at  the  Chase  National  Bank  in  the  city  of  New 
York,  State  of  New  York;  provided , hozvever,  that  the 
city  of  Carbondale  reserves  the  option  and  right  to  re- 
deem and  pay  one  of  said  bonds  on  the  first  day  of  Jan- 
uary in  each  of  the  years  1906  to  1910  inclusive,  and  two 
of  said  bonds  on  the  first  day  of  January  in  each  of  the 
years  1 9 1 1 to  1920  inclusive,  and  three  of  said  bonds 
on  the  first  day  of  January  of  the  years  1921  to  1925 
inclusive;  and  provided \ further,  that  said  bonds  shall  be 
so  redeemed  in  their  numerical  order,  commencing  with 
No.  1,  and  that  notice  of  the  intention  to  so  redeem 
said  bonds,  or  any  of  them,  shall  be  deposited  with  the 
said  Chase  National  Bank  at  least  six  months  before 
such  intended  redemption. 

552  Sec.  2.  That  said  bonds  shall  be  executed  in 
the  form,  and  shall  contain  recitals,  substantially  as 
follows,  to-wit: 

UNITED  STATES  OF  AMERICA 
State  of  Illinois 

No $1,000.00 

CITY  OF  CARBONDALE 

REFUNDING  BOND. 

Know  all  men  by  these  presents: 

That  the  city  of  Carbondale,  in  the  county  of  Jack- 
son  and  State  of  Illinois,  for  value  received,  is  indebted 
to  and  promises  to  pay  the  bearer  the  sum  of 

ONE  THOUSAND  DOLLARS 
Lawful  money  of  the  United  States  of  America,  on  the 


CITY  OF  CARBONDALK 


223 

first  day  of  January,  1925,  with  interest  thereon  at  the 
rate  of  four  and  one-half  per  cent  per  annum,  payable 
semi-annually  on  July  1 and  January  1 of  each  year  upon 
the  presentation  and  surrender  of  the  interest  coupons 
hereto  annexed  as  they  respectively  become  due,  and 
both  principal  and  interest  are  payable  at  the  Chase 
National  Bank  in  the  city  of  New  York,  in  the  State  of 
New  York. 

And  the  said  city  of  Carbondale  is  hereby  held  and 
firmly  bound,  and  its  faith  and  credit  and  ail  the  real 
and  personal  property  in  said  city  are  hereby  pledged, 
for  the  prompt  payment  of  this  bond  and  interest  at 
maturity. 

This  bond  is  one  of  a series  of  fifty-five  bonds  of  like 
date  and  tenor  issued  by  said  city  of  Carbondale  in 
place  of,  and  for  the  purpose  of  refunding  and  extend- 
ing the  time  of  payment  of,  a like  amount  of  maturing 
bonds  of  said  city  under  and  by  authority  of  and  in 
compliance  with  the  provisions  of  the  general  laws  of 
Illinois  providing  for  the  incorporation  and  government 
of  cities  and  villages,  and  under  and  by  authority  of  an 
ordinance  passed  according  to  law  by  the  city  council 
of  said  city  on  the  3d  day  of  January,  1905. 

The  city  of  Carbondale  reserves  the  option  to  re- 
deem and  pay  one  of  said  series  of  bonds  on  January  1 
of  each  of  the  years  1906  to  1910  inclusive,  and  two  of 
said  series  of  January  1 of  each  of  the  years  1911  to 
1920  inclusive,  and  three  of  said  series  of  January  1 of 
each  of  the  years  192 1 to  1925  inclusive;  said  bonds  to  be 
so  redeemed  in  their  numerical  order,  commencing 
with  No.  1;  provided,  that  said  city  shall  ive  notice  of 
its  intention  to  so  redeem  saul  bonds,  or  any  part  of 
them,  by  depositing  such  notice  with  the  said  Chase 
National  Bank  at  least  six  months  before  any  such  re- 
demption. 

And  it  is  hereby  certified,  recited  and  declared  that 
all  acts,  conditions  and  things  required  to  be  done  and 
to  exist  precedent  to  and  in  the  issuing  of  this  bond 


224 


ORDINANCES  OF  THE 


have  been  properly  done  and  performed,  and  do  exist 
in  regular  and  due  form  as  required  by  the  constitution 
and  laws  of  Illinois,  and  that  the  indebtedness  which  is 
refunded  by  this  series  of  bonds  is  a subsisting,  consti- 
tutional and  legal  obligation  of  said  city,  and  that  the 
indebtedness  of  said  city,  including  this  series  of  bonds, 
does  not  exceed  any  constitutional  or  statutory  limit- 
ations. 

In  Testimony  Whereof,  said  city  of  Carbondale, 
by  its  city  council,  has  caused  this  bond  to  be  signed 
by  its  mayor  and  countersigned  by  its  clerk,  and  has 
caused  its  corporate  seal  to  be  affixed  hereto,  and  the 
interest  coupons  hereto  attached  to  be  signed  by  the 
lithographed  signature  of  its  clerk,  and  this  bond  to  be 
dated  January  i,  1905. 

Countersigned:  Mayor. 


City  Clerk. 

553  Sec.  3.  That  the  interest  coupons  to  be  at- 
tached to  said  bonds  shall  be  substantially  in  the  form 
following,  to-wit: 

INTEREST  COUPON. 

No $ 

On  the  first  day  of 190.  .,  the  city  of 

Carbondale,  Illinois,  will  pay  the  bearer,  at  the  Chase 
National  Bank  in  the  city  of  New  York,  twenty-two  and 
50-100  dollars,  being  six  months’  interest  on  its  refund- 
ing bond  dated  January  1st,  1905.  No 

City  Clerk. 

554  Sec.  4.  That  the  mayor  and  clerk  be  and  are 
hereby  authorized,  without  unnecessary  delay,  to  pre- 
pare and  execute  said  bonds  and  coupons  and  to  de- 
liver them  to  the  holders  of  the  said  bonds  to  be  so  re- 
funded on  the  surrender  of  said  bonds  and  the  unma- 
tured coupons  thereto  attached  at  the  Chase  National 
Bank  in  the  city  of  New  York. 


CITY  OF  CARBONDALE 


225 

555  Sec.  5.  That  there  is  hereby  created  a special 
sinking  fund  for  the  payment  of  the  interest  to  accrue 
on  said  bonds  and  for  the  redemption  of  the  principal 
thereof  within  twenty  years,  to  be  known  as  the  “re- 
funding bond  fund,”  and  to  provide  said  sinking  fund 
there  shall  be  collected  annually  and  paid  into  the  city 
treasury  an  amount  of  taxes  sufficient  to  pay  the  semi- 
annual interest  to  accrue  on  said  bonds  as  the  same 
shall  accrue  and  the  principal  thereof  within  twenty 
years,  as  hereinafter  provided. 

556  Sec.  6.  That  for  the  purpose  of  creating  said 
sinking  fund  and  providing  for  the  payment  of  the  said 
interest,  there  shall  be  and  is  hereby  levied  for  the  year 
1905  and  for  each  of  the  succeeding  nineteen  years  a 
tax  upon  all  the  taxable  real  and  personal  property  in 
the  city  of  Carbondale,  based  upon  the  advalorem  value 
of  said  property  as  shall  be  shown  by  the  assessment 
rolls  for  said  years  respectively  the  amounts  respect- 
ively as  follows: 


P'or  the  year  1905  the  sum  of $3,475  00 

For  the  year  1906  the  sum  of 3,430  00 

For  the  year  1907  the  sum  of 3,385  00 

For  the  year  1908  the  sum  of 3,340  00 

For  the  year  1909  the  sum  of 3,295  00 

For  the  year  1910  the  sum  of 4*250  00 

For  the  year  1911  the  sum  of 4,16000 

For  the  year  1912  the  sum  of 4,07000 

For  the  year  1913  the  sum  of 3,980  00 

For  the  year  1914  the  sum  of 3,890  00 

For  the  year  1915  the  sum  of 3,80000 

For  the  year  1916  the  sum  of 3,710  00 

For  the  year  1917  the  sum  of 3,620  00 

For  the  year  1918  the  sum  of 3,530  00 

For  the  year  1919  the  sum  of 3,440  00 

For  the  year  1920  the  sum  of 7,350  00 

For  the  year  1921  the  sum  of 7,080  00 

For  the  year  1922  the  sum  of 6,810  00 

For  the  year  1923  the  sum  of 6,540  00 

For  the  year  1924  the  sum  of 6,270  00 


226 


ORDINANCES  OF  THE 


And  that  the  sums  so  levied  shall  be  collected  ac- 
cording to  law  and  credited  to  said  sinking  fund,  and 
shall  be  used  and  applied  to  the  payment  of  said  interest 
and  the  redemption  of  said  bonds,  and  to  no  other 
purpose. 

557  Sec.  7.  That  this  ordinance  shall  take  effect 
and  be  in  force  in  ten  days  from  and  after  its  passage, 
approval  and  publication. 

558  Sec.  8.  This  ordinance  shall  be  known  as  Or- 
dinance No.  303. 

Passed  January  3,  1905. 

Approved  January  3,  1905. 

Published  January  5,  1905. 

E.  E.  MITCHELL, 

Attest:  F.  M.  Caldwell.  Mayor. 

City  Clerk. 

ORDINANCE  NO.  312. 

An  Ordinance  in  Relation  to  the  Distribution  and  Sale 
of  the  Revised  Ordinances  of  the  City  of  Carbon- 
dale,  Illinois. 

Be  it  ordained  by  the  city  council  of  the  city  of  Car- 
bondale,  Illinois: 

559  Section  i.  The  revised  ordinances  of  the  city 

of  Carbondale,  published  in  book  form  by  authority  of 
the  city  council  of  said  city,  as  revised  to  date  by  City 
Attorney  Thomas  B.  E.  Smith,  shall  be  and  the  same 
are  hereby  ordered  to  be  distributed  or  sold,  as  the 
case  may  be,  in  the  following  manner,  to-wit:  One 

complimentary  copy  shall  be  given  to  each  of  the  pres- 
ent city  officers  and  the  same  shall  be  by  them  pre- 
served and  delivered  to  their  successors  in  office,  re- 
spectively, in  the  same  manner  and  to  the  same  effect 
as  other  property  of  the  city;  twelve  (12)  copies  shall 
be  set  aside  to  be  available  for  free  distribution  and  in- 
terchange with* other  neighboring  cities;  the  remaining 
number  of  the  edition  of  two  hundred  and  fifty  (250) 


CITY  OF  CARBON  DALE 


227 


copies  shall  be  turned  over  to  the  city  clerk  for  safe 
keeping,  and  the  city  clerk  is  hereby  given  power  to 
sell  the  same  at  the  rate  of  one  dollar  per  copy  to  any 
person  or  persons  who  may  wish  to  purchase  the  same. 

560  Sec.  2.  All  the  money  derived  from  the  sale 
of  the  Revised  Ordinances  of  the  City  of  Carbondale 
under  the  provisions  of  the  preceding  section  shall  be 
turned  into  the  city  treasury,  and  the  city  clerk  shall 
report  the  same  to  the  city  council  at  its  first  meeting 
thereafter. 

561  Sec.  3.  This  ordinance  shall  be  in  full  force 
from  and  after  its  passage  and  publication. 

562  Sec.  4.  This  ordinance  shall  be  known  as  Or- 
dinance No.  312. 

Passed  October  10,  1905. 

Approved  October  10,  1905. 

Published  November  2,  1905. 

C.  E.  WHITE, 

Attest:  F.  M.  Caldwell,  Mayor. 

City  Clerk. 

CERTIFICATE. 

STATE  OE  ILLINOIS, ) 

Jackson  County.  > ss. 

City  of  Carbondale,  ) 

I,  the  undersigned,  F.  M.  Caldwell,  city  clerk  of  the 
city  of  Carbondale,  Illinois,  do  hereby  certify  that  the 
foregoing  pages,  181  to  227,  of  this  book  are  a true,  full 
and  correct  copy  of  certain  special  ordinances  of  said 
city  (except  as  to  the  omissions  expressly  noted)  passed, 
approved  and  published  at  the  respective  dates  noted 
at  the  foot  of  the  ordinance,  as  the  same  appear  of 
record  on  the  records  of  said  city  in  my  office  and  of 
which  I am  the  legal  custodian. 

Witness  my  hand  and  the  seal  of  said  city  this  2d 
day  of  November,  A.  D.  1905. 

[Corporate  Seal.] 


E.  M.  Caldwell, 

City  Clerk. 


228 


ORDINANCES  OF  THE 


GENERAL  INDEX  TO  REVISED  ORDINANCES. 

[The  references  are  to  the  section  number  in  the 
left  hand  margin.] 


ABSENCE- 

W hat  Attorney  to  do  in 138 

Of  appointive  officer _ 113 

ACCESSORIES  Penalty 347 

ACCOUNTS- 

City  Attorney  to  keep 137 

Officers  to  keep __ 114 

Treasurer  to  keep  separate  account 412 

ADULTERATION —Of  food,  candy,  milk,  etc" 314 

ADULTERY- 

Disorderly  house  for 299 

House  for  practice  of 307 

ADVERTISING  — 

For  city  contracts 146 

For  impounded  animal 6 

AFFIDAVIT— 

For  continuance 355 

Proof  by  affidavit 250 

AFFRAYS  AND  PENALTY 287 

ALDERMEN- 

Compensation  of 188 

Exempt  from  street  labor 117 

Not  commissioned  by  clerk 110 

Conservators  of  the  peace ..  108 

Penalty  for  not  attending  council  meeting 85 

ALLEYS— 

What  a nuisance  in 268,  389 

Not  to  obstruct  with  cars 370 

AMUSEMENTS- 

Keeping  open  on  Sunday 316 

License  required  for  what ..  54 

Penalty 55 

Tax  amount,  classification . 56 

Order  preserved,  special  police  62 

Disorderly  conduct,  etc 63 

ANIMAL  MATTER— (See  nuisances) 268,  269 


CITY  OF  CARBONDALE  22Q 


ANIMALS,  DOMESTIC— 

Kinds  not  to  run  at  large 1 

Penalty 2 

Poundmaster,  appointment  and  pay 3 

City  Poundmaster  to  establish  a pound 4 

Animals  to  be  impounded 5 

Notice  of  impounding,  when  given . ..  ..  6 

Impounded  animal,  how  redeemed 7 

Proceeding  to  sell 8 

Unknown  owners,  proceeding  when 9 

Duty  of  officer  to  post  notice 10 

Hearing  before  Magistrate 11 

Personal  judgment,  when,  special  execution 12 

Sale,  return  of  execution,  surplus  of  sale 13 

Fees,  proviso _ 14 

Breaking  pound,  rescuing  animal,  penalty 15 

Obstructing  officer,  penalty 13 

Using  animals,  penalty - - 17 

Using  or  abusing  impounded  animal ___  18 

Teams  or  animals  to  be  made  fast 19 

Obstructing  sidewalks  or  streets  with 20 

Tethering  out,  penalty 21 

Hitching  to  shade  trees 22 

Penalty 23 

Officers  charged  with  enforcement 24 

Dead  animals,  who  to  remove,  penalty 25 

Duty  of  Street  Commissioner 23 

Dogs,  tax  on,  when  and  to  whom  paid __  27 

City  Marshal  to  make  list,  etc 28 

City  Marshal  to  provide  collar __  _ 29 

City  Clerk  to  purchase  collar 30 

Dogs  to  be  muzzled,  penalty  31 

When  bitch  not  to  run  at  large,  penalty 32 

Dangerous  dogs  prohibited,  penalty  33 

When  tax  paid,  duty  of  Marshal 34 

What  dogs  exempt 35 

Fee  for  collecting  and  killing  - _ . 33 

Marshal  to  pay  money  over,  when 37 

Fee  for  impounding  38 

Cruelty  to,  manner,  penalty,  prosecution  39,  40,  41.  42.  43 

Animals  found  standing,  etc,  duty  of  Police 44 

No  butchering  of  animals,  penalty - 45 

Not  to  keep  butchering  pen,  penalty,  proviso 43 

APPEALS 

In  city  cases 337 

City  Attorney  to  report  to  City  Council  . _ 137 

APPOINTMENT  - 

Of  Sexton  .. 102 

Of  day  Marshal..-  - 102 

Of  night  Marshal . 102 

Of  Street  Commissioner  102 

Of  City  Jailer 102 

Notice  of  appointment  of  Judges  and  Clerks,  etc  133 

APPRAISEMENT— Of  wearing  apparel,  bedding,  etc 221 


23O  ORDINANCES  OF  THE 


APPROPRIATION  — 

Amounts  specified 405 

Treasurer  to  set  apart 410 

APPROVAL-  Of  ordinances 273 

AQUARIUM  - License  of 58 

ARREST— 

Attempting  to  prevent,  penalty 121 

Refusing  to  assist  in,  penalty 122 

Warrant  for,  when  may  issue 350 

Without  warrant 351 

ARMS  - 

Going  about  arrfied,  flourishing,  penalty 293 

Carrying  concealed,  penalty 294 

Assault  with,  penalty 349 

ASHES— (See  nuisances) 268,  269 

ASSAULT  AND  BATTERY— Penalty 286 

ASSAULT  WITH  DEADLY  WEAPON-  Penalty 394 

ASSEMBLY  - 

Penalty  for  unlawful 288 

Disturbing  religious  or  other  assembly,  penalty 291 

ASSIGNATION  HOUSE  - 

Penalty  for  keeping 307 

Disorderly  house  of 306 

Frequenting  such  house,  penalty 308 

ATTEMPT- Penalty 348 

ATTORNEY 

Qualifications  of 136 

To  advise  City  Council 137 

Absence,  what  to  do 138 

May  dismiss  suits,  when 139 

Compensation  and  fees  of 190,  275 

Report  of,  what  it  shall  show , 380 

Amount  of  official  bond 103 

To  draw  all  ordinances,  contracts,  etc 275 

AUCTIONEERS  AND  AUCTIONS- 

License  required -•  47 

Taxes  on,  classification 48,  49,  50,  51 

Hawkers,  who  are 52 

Penalty  for  violating 53 

AWNINGS -When  a nuisance Clause  19,  268 

BALL  ALLEY- 

License  required 54 

Amount  of  license 59 

BELL- 

Persons  running  engine  to  ring  bell 373 

When  required  on  vehicles 422 

BALLOT  BOXES  Clerk  to  secure,  how  used,  etc._ 167 

BARBED  WIRE  — 

Fences  of,  prohibited — 419 

Railings  not  to  have 418 


CITY  OF  CARBONDALE 


23  I 


BEGGARS  - Prohibited 326 

BILL  POSTERS- License  of 245 

BITCH  — Not  to  run  at  large  when  in  heat 32 

BILLIARD  TABLES- 

License  required,  penalty 64 

Application,  to  whom,  how 65 

Bond  required.-  66 

What  license  shall  state 67 

How  conducted,  penalty 68 

When  to  open  and  close 69 

Amount  of  license 70 

Mayor  may  revoke,  when 71 

BOND 

Of  City  Jailer - 226 

To  accompany  bids 148 

Required  of  contractor,  when 149 

Approval  of  by  the  Mayor 258 

To  be  submitted  to  council 265 

Of  city  officers  form  of j 103 

Officers  not  to  go  on  each  others’  bonds 112 

Of  pawnbroker 250 

BURGLAR  TOOLS  — Penalty  for  possessing 341 

BURNING— Papers,  Shavings,  etc.,  prohibited 345 

BETTING— On  result  of  election,  penalty 179 

BOOSTERS -Penalty 319 

BOARD  OF  HEALTH  - 

Who  compose,  powers 214,  215,  216 

Who  to  execute  orders  of,  proceedings 217 

Penalty 218 

May  order  destruction  of  wearing  apparel 221 

Further  powers  of  board 222 

May  prohibit  unwholesome  articles  of  food 223 

May  abate  nuisance : 269 

BOUNDARIES  OF  CITY  What  are 72 

BRIBERY  — 

Of  Councilmen,  penalty 100 

Councilmen  accepting,  penalty 101 

Of  Councilmen  to  award  contracts,  Councilmen  accepting,  penalty  . 155 

Attempting  to  bribe  in  election.-  176 

Accepting  bribe,  etc... 177 

Of  Mayor,  penalty,  Mayor  accepting,  penalty 267 

BUCTHERING  - 

Prohibited  within  city  limits,  penalty 55 

Not  to  keep  butchering  pen,  etc.,  penalty 46 

CANVASS  169 

CARBONDALE  HOSE  COMPANY— Powers  and  duties  of 210-213 

CARRYING  CONCEALED  WEAPONS-Penalty  294 

CAPPERS  Penalty-.  319 


232  ORDINANCES  OF  THE 


CEMETERIES  - 

Cemetery  established,  boundaries 78 

Plot  recorded,  how  changed _ 7'i 

Committee  to  manage 80 

Sexton,  appointment  of,  duties 81 

Application  for  lots,  how  sold 82 

Cemetery  fund,  how  expended,  etc 83 

City  Clerk  to  keep  record,  etc 84 

Burial  permits  required,  contents 85 

Sexton  to  require  permit,  penalty,  return  of  certificate 86 

Fees  of  Sexton  and  Clerk 87 

Fees  for  single  grave,  etc.___  __  88 

Interments  prohibited  where,  proviso,  penalty 89 

Injury  to  monument,  etc.,  penalty 90 

Hunting,  etc.,  in  cemeteries  prohibited 91 

Committee  on __  98 

Plats,  who  shall  keep 84 

CENSUS- 

When  taken,  what  shown  by 156 

Fiscal  year,  when  begins 157 

Municipal  year,  when  begins ' 158 

CHEATING— Penalty 315 

CHURCHES  Boys  not  to  loiter  about,  penalty 342 

CIRCUSES  License  for 58 

CITY  TREASURER- 

Must  keep  separate  account  of  cemetery  fund  83 

Bond  of 103 

Duties  of ___  131 

Report  of,  what  to  show 132 

Animal  report,  what  to  show 133 

Warrants  drawn  on 134 

Penalty  for  failure  to  perform  duty 135 

CITY  CLERK  - 

Bond  of 103 

To  keep  cemetery  records,  etc 84 

To  keep  record  of  burial  permits 85 

Custodian  of  city  seal 77 

Salary  of 189 

To  sign  license  and  keep  record 260 

Duty  as  to  approved  ordinances 273 

General  duties  of 130 

To  purchase  dog  collars-  30 

To  notify  persons  elected  to  office,  when 173 

CITY  ATTORNEY— (See  Attorney) 

CITY  JAIL  AND  JAILER  — 

Location  of,  further  provisions 224 

Office  of  jailer  created,  term 225 

How  and  when  appointed,  oath,  bond.  . - 226 

Jailer  ex-officio  policeman,  other  duties 227 

To  receive  prisoners,  rate  to  discharge 228 

May  cause  prisoners  to  labor,  refusal  of-  - 229 

Shall  keep  record  of  prisoners - . 230 

Can  not  discharge  prisoners,  liability  and  penalty  . 231 


Sanitary  condition  of  jail  and  prisoners 232 

City  Council  may  establish  rules-  - 233 

Physician,  when  may  employ 234 

Committee  to  visit  and  report . 235 

Manner  of  treating  prisoners,  penalty 236 

Committee  on,  duties  of 98 

Fees  of 194 

CITY  POUND- 

Poundmaster  to  establish 4 

Breaking  of,  penalty - 15 

CITY  PROPERTY- 

VVhat  is 74 

Conveyance  by  city,  by  whom  executed 75 

CITY  CONTRACTS- 

To  be  let  to  the  lowest  responsible  bidder _ __  145 

How  to  let,  advertisement,  contents  of _ 146 

Special  committee  on  printing,  duties  of . ..  . 147 

Bids,  bond  with,  conditions.  __  148 

Opening  bids,  contract,  bond . 149 

Failing  to  comply  with  bids,  suit,  advertisement 150 

Cancelling  contract,  further  proceedings  .. . 151 

Contracts  without  advertising .. 152 

Officer  not  interested . _ 153 

Preventing  bidding,  penalty _ 154 

Bribing  councilmen,  etc.,  penalty  _ 155 

CITY  COUNCIL  — 

Regular  meetings,  time  of 92 

Special  meetings,  where  held,  time  of 93 

Special  meetings,  order  for,  notices ..  . 94 

Quorum,  failing  to  attend,  etc.,  penalty ...  _.  95 

Votes  by  ‘'yeas”  and  '‘nays,”  call  of  roll  96 

Report  laid  over,  what  to  be  done . ..  97 

Committees,  what  and  how  composed,  duties  of 98 

Standing  committees,  appointment  of,  etc _.  . 99 

Offering  bribe  to  councilmen,  penalty ..  100 

Councilmen  accepting,  penalty . . _ 101 

To  fix  time  for  taking  testimony  on  election  contest  - _ 183 

CITY  OFFICERS  THEIR  DUTIES  AND  OFFICIAL  BONDS. 

What  officers  provided  for _ . . . . 102 

To  take  oath  and  give  bond,  form  of  bond 108 

Oath  of  office,  when  filed . . 104 

Who  eligible  to  office . ..  _ 105 

Officer  not  to  be  interested  in  contract 106 

Other  office,  officers  not  to  hold 107 

Officers  to  be  conservators  of  the  peace __  108 

Constable  and  Sheriff,  jurisdiction  of ...  . . 109 

Officers  to  be  commissioned,  what,  form  of . 110 

Oath  of  office,  form  of  111 

Officers  not  to  be  surities  for  each  other.  112 

Appointive  officer,  what  do  when-absent 113 

Account  of  moneys  received . ....  .114 

Records  _ 115 

Registrations,  when  filed 116 

Officers  exempt  from  street  labor ....  117 

Elective  officers,  when  to  assume  office ...  11.8 


ORDINANCES  OF  THE 


234 


Misconduct,  failure  to  deliver  books,  penalty 119 

Vacancy  in  office  of  police  magistrate,  how  filled 120 

Falsely  pretending  to  be  officer,  penalty 121 

Refusing  to  join  posse,  penalty 122 

Mayor,  qualifications  of ... 123 

Vacancy,  how  filled 124 

Mayor  pro  tem.,  when  and  how  provided  for 125 

Mayor  to  preside,  when  to  vote 126 

Appointive  officer,  removal 1 27 

May  release  prisoners 128 

Other  duties  of  mayor 129 

Duties  of  city  clerk 130 

Duties  of  city  treasurer 131 

Report  of,  what  to  show  132 

Annual  report,  what  to  show. 133 

Warrants,  by  whom  signed  and  issued 134 

Penalty ...  135 

City  attorney,  duties,  qualifications  and  authority  of __  136 

To  advise  city  council,  etc. 137 

When  to  be  absent,  what  do 138 

City  Attorney  may  dismiss  suits,  when 139 

Day  Marshal,  duties  of.  . 140 

Night  Marshal,  duties  of ...  141 

Street  Commissioner,  duties  of . ...  142 

Further  duties,  powers  of 143 

Duties  of  Sexton 144 

COLLECTORS— To  settle  with  treasurer,  when 409 

CONFIDENCE  GAME-Penalty 319 

COMPENSATION  - For  wearing  apparel,  bedding,  etc. . _ 221 

COMMITTEES  — 

On  cemeteries 80 

Standing  committees,  duties  of ... 98 

Standing  committees,  appointment  of  99 

Special  committee  on  printing 147 

COMMISSIONER,  STREET— Duties  of 398 

CONSTABLE -Jurisdiction  of 109 

CONTINUANCE— (See  Penal  Code) 355 

COCK  FIGHTING— Prohibited.  311 

CONVEYANCE  BY  CITY— By  whom  executed 75 

COSTS- 

(See  Penal  Code) 358 

Attorney’s  and  other  fees  as  part  of  costs • 190 

City  not  to  pay  costs 365 

When  prosecutor  to  pay 366 

Mayor  not  to  remit ___  368 

Costs  other  than  by  ordinance  369 

Costs  for  hospital  expenses,  etc 215 

CONCEALED  WEAPONS - 

Carrying  of  prohibited 294 

Flourishing 293 

COMMITMENT  (See  Penal  Code) 364 


CITY  OF  CARBON DALE 


CORPORATE  SEAL- 

Design  of 76 

Where  kept,  to  what  attached 77 

CONTEST  OF  ELECTIONS  — 

Who  may  contest,  where  heard 180 

Statement  filed,  points  stated 181 

Statement  to  be  served,  how 182 

Council  to  fix  time  for  taking  testimony,  how  taken 188 

Within  what  time  testimony  filed,  hearing  by  Council 184 

Rights  of  parties  to  the  contest . 185 

Returns  of  elections  to  be  preserved,  how  long 186 

COMMUTATION  - 

When  to  be  done 395 

When  to  be  paid __  897 

CORPORATION— When  defendant,  procedure 361 

COMPLAINT — Form  of 350 

CROSSINGS — How  maintained,  etc 371 

CRUELTY  TO  ANIMALS 

Manner,  penalty,  prosecution 39,  40,  41,  42,  43 

Animals  found  standing,  duty  of  police. 44 

CURFEW  Provisions  concerning 415 

DEAD  ANIMALS  - 

Who  to  remove 25 

Duty  of  Street  Commissioner 26 

DISTURBING  THE  PEACE 290 

Religious  or  other  assembly J 291 

Disturbing  funeral 292 

Provoking  a breach  of  the  peace 289 

Peace  and  quiet  of  private  family 291 

DAY  MARSHAL- 

Salary  of._  191 

Duties  of 140 

To  provide  list  of  dogs,  etc 28 

To  provide  collar 29 

DAIRIES  Prohibited,  penalty 416 

DISORDERLY  HOUSE— 306 

For  idleness,  gaming,  etc.,  penalty 299 

DEFAULT— 354 

DOLL  RACK— License  of 242 

DEPOTS  — Idling  about  prohibited 321 

DOGS- 

Not  to  be  left  tied,  when 324 

Procuring  to  fight  prohibited 311 

Tax  on,  when  and  to  whom  paid 27 

City  Marshal  to  make  list 28 

City  Marshal  to  provide  collar 29 

City  Clerk  to  purchase  30 

Dogs  to  be  muzzled 31 

Bitch  not  to  run  at  large,  when_  _ 32 

Dangerous  dog  prohibited 33 


ORDINANCES  OF  THE 


23  6 


When  tax  paid,  duty  of  Marshal 34 

What  dogs  exempt 35 

Fees  for  collecting  and  killing 36 

Marshal  to  pay  money  over,  when 37 

Fee  for  impounding 38 

DRAYMEN -License  of 159,  246 

DRUNKENNESS  - 

Penalty 303 

Disorderly  house  for 299 

DYNAMITE  STICK-Prohibited 304 

ELECTIONS— 

Time  of 163 

Who  may  vote,  where 164 

Places  foe  holding,  Judges  and  Clerks,  when  appointed 165 

Notice  of  appointment,  Clerk  to  give,  Marshal  to  serve 166 

Election  notices,  Clerk  to  give,  contents  of,  ballot  boxes 167 

Duties  of  Judges  and  Clerks 168 

Poll  books,  tally  list,  canvass 169 

Fees  of  Judges  and  Clerks 170 

Misconduct  of  Judges  and  Clerks,  penalty- _ 171 

Election  returns,  what  done  with,  etc 172 

Tie,  notice,  mode  of  determining 173 

No  liquor  sold  nor  saloon  open 174 

Illegal  voting,  etc,  penalty 175 

Bribing,  attempting  to  bribe,  etc . 176 

Accepting  bribe,  penalty- __  - 177 

Contesting  elections,  elections  void  when 178 

Betting  on  result,  penalty ..  179 

Who  may  conte>t,  where  heard 180 

Statement  to  be  filed,  points  stated 181 

Statement  to  be  served,  how 182 

Council  to  fix  time  for  hearing 183 

How  testimony  taken 184 

When  to  be  filed,  hearing  by  Council 185 

Rights  of  parties  to  contest  __  186 

Returns  of  elections,  etc.,  preserved 187 

EVIDENCE  -Time  to  procure 352 

FEES  AND  SALARIES  - 

Salary  of  Mayor,  payment 187 

Salary  of  Aldermen  . _ _ 188 

City  Clerk,  salary  of 189 

City  Attorney,  fees  of 190 

Day  Marshal,  salary  and  fees  of 191 

Street  Commissioner,  salary  of 192 

City  Treasurer,  compensation  of 193 

City  Jailer,  fees  of-  194 

Night  Marshal,  salary  and  fees  of  195 

Sexton - 196 

How  salaries  paid . . - _ 197 

Proviso - 14 

For  collecting  and  killing  dogs - 36 

For  impounding-  . _ 38 


CITY  OF  CARBONDALE  237 


FENCES 

Height  of  regulated 417 

Railings  not  to  have  barbed  wire 418 

Barbed  wire  prohibited ---------  --  . 419 

FINES 

How  collected - . . 384 

To  be  paid  into  city  treasury. 362 

Disposition  of  fines,  etc - 365 

Mayor  not  to  remit  fine _ _ 368 

FINANCE  COMMITTEE  — 

Duties  of  98 

How  appointed  . 99 

FISCAL  YEAR— When  begins - 157 

FIRE  ARMS  AND  FIREWORKS  Prohibited 304 

FIRE  CRACKER,  GI ANT-Prohibited 304 

FIREMEN  Exempt  from  street  labor.  . 117 

FIRE  DEPARTMENT 

Fire  limits _ 199 

What  included  in  fire  limits . ...  200 

Repair  of  buildings  within 201 

Penalty 1 202 

Nuisance,  proceeding,  etc  . 203 

Combustible  material  prohibited  204 

Combustibles  on  own  premises,  penalty 205 

Chimneys,  openings,  etc.,  how  arranged  206 

Stove,  not  near  woodwork,  etc . 207 

Stove  pipes,  how  arranged . 208 

Penalty 209 

Fires  and  fire  company 210  213 

FIRE  LIMITS 199 

A hat  included  in  ___  _ 200 

Repair  of  buildings  within  201 

Penalty 202 

FIRES  AND  FIRE  COMPANY  210  213 

FOODS 

Adulterating  prohibited  314 

Not  to  sell  diseased  _ _ ...  333 

FORNICATION 

Penalty . 307 

House  for  encouraging 299 

FRANCHISES  -Application  for  and  notice ____  198 

FUNERAL -Penalty  for  disturbing  292 

GALVANIC  BATTERY  License  of  242 

GAMING 

Penalty .312 

Keeping  house  for _ 313 

GATES— Not  to  swing  over  sidewalks 425 

GRAVES- 

Fee  for  single- when  and  to  whom  paid  . _________  88 

Other  fees  for  87 

General  Penalty 276 


ORDINANCES  OF  THE 


238 


GUIDE  BOARDS— To  be  maintained  where.. 391 

HACKMEN  -To  have  license  — amount  required 159 

HALLS  .License  required  for  theater  purposes 241 

HAWKING— 

License  required 47 

Taxes  on  classification 48-51 

Who  are  hawkers 52 

Penalty 53 

HOTEL  RUNNER  - 

License  of. 160 

To  display  number  of  license  on  his  person 161 

Penalty 162 

HEALTH 

Board  of— Who  constitute  - powers 214 

Further  powers  - hospitals  — costs.. _ 215 

Further  powers  - cleansing  of  premises 216 

Duties  of  city  marshals  and  city  clerk 217 

Penalty . 218  . 

Diseased  person  abroad  penalty 219 

Dress  changed  Report  of  physician 220 

Wearing  apparel  destroyed  - Appraisement,  etc 221 

Further  powers  of  board  . 222 

Unwholesome  articles  prohibited. 223 

HIPPODROME -License  of 58 


HOUSES- 

To  be  numbered,  size  of  figures 

System  of  numbering 

How  many  numbers  per  block,  proviso 

Gaming  houses  prohibited,  penalty 

Of  ill  fame  prohibited 

Disorderly  prohibited 

For  encouragement  of  idleness,  etc._ 


HITCHING-Forbidden  to 

HUNTING  -In  cemeteries,  prohibited  . 91 

HOSPITALS -Board  of  health  may  establish 215 

ILLEGAL  VOTING  Penalty  for 175 

INTOXICATING  LIQUORS— (See  Ordinance  301) 

IDIOTS  AND  LUNATICS— 

Not  to  be  released 359 

To  be  provided  for 413 

Duty  of  officer 414 

IDLERS— Penalty 400 

JUDGES  AND  CLERKS  OF  ELECTIONS  - 

Duties  of 168 

Appointment  . . 165 

Notice  of  appointment 166 

Fees  of_.  _ ___  ...  170 

Misconduct  of,  penalty . 171 

JAIL  AND  JAILER -(See  City  Jail  and  Jailer) 224 


392 

393 

394 
313 
307 
306 
299 


CITY  OF  CARBONDALE  23Q 


JUDGMENT  AND  COSTS- 

(See  Penal  Code) 358 

Personal  judgment,  when 12 

KNIFE  RACK—  License  of . . 242 

LABOR,  STREET- 

(See  street  labor) 395-403 

Fines  paid  by 364 

LEWD  PLAY  Prohibited 310 

LICENSES— 

Required 237 

Applicant  must  register  name 238 

Tax  amount  of  classification 239-249 

Bond  required  of  pawnbrokers 250 

Record  daily  report  to  day  marshal 251 

From  whom  property  shall  not  be  received 252 

Police  to  report  violations 253 

Revocation 254 

To  expire  with  municipal  year . 255 

Penalty 256 

(See  chapter  on  amusements) 54-63 

Plumbers  to  be  licensed  (see  ordinance  290.) 

Auctioneers.-. 47-51 

Hawking— what  are 52 

Penalty  for  violation 53 

Pawnbrokers,  license  of...  243 

Pawnbroker  must  keep  record  book 251 

Pawnbroker’s  books  must  be  kept  open 251 

Mayor  to  approve  bond . 250 

Saloons  to  be  licensed  (see  ordinance  No.  301  ) 

Peddlers  to  be  licensed 277-283 

Scales,  lumber  yards  and  livery  stables  to  be  licensed 386-388 

Draymen,  hackmen  and  hotel  runners  to  be  licensed 159-162 

Billiard  tables  to  be  licensed 64-71 

Dogs  to  be  taxed 27-38 

Order  for— mayor  to  Lsue 257 

Bond  approved  before  order  issued 288 

Order  not  transferable- affidavit.  . 259 

Clerk  to  issue  -receipt  book 260 

Fees  paid  treasurer  — receipt  indorsed 261 

License  not  transferable-  include  but  one 262 

Subject  to  revocation—  mode  of . 263 

From  what  time  void  - penalty 264 

Bond  submittodto  council- Proceedings 265 

What  not  to  license— penalty 266 

Bribing  mayor -mayor  accepting— penalty.  267 

LOAFERS— Prohibited .325 

LIFTING  APPARATUS— License  for 242 

LOTTERIES  -Prohibited  _ 343 

LUMBERYARDS  License  for— penalty  .386-388 

LUNG  TESTER  License  for  242 

MAPS— Official  of  city 284 


240  ORDINANCES  OF  THE 


MAGISTRATE  - 

Report  of,  what  show 381 

Vacancy  in  office  of 120 

MALE  ANIMALS  — Exposing  on  streets  prohibited 310 

MALICIOUS  MISCHIEF 238  239 

To  sidewalks,  etc 238 

MERRY-GO-ROUND— License  of. 60 

MAYOR- 

Salary  of,  when  payable 187 

Qualifications  of 123 

Vacancy,  how  filled . 124 

Mayor  pro  tem 125 

Mayor  to  preside,  when  to  vote.  126 

When  to  remove  appointive  officer _ 127 

May  release  prisoner 128 

Other  duties 129 

To  approve  pawnbroker’s  bond 250 

Approve  license  bonds 258 

May  revoke,  mode  of _ 263 

Bribing  Mayor,  accepting  penalty 267 

Must  submit  license  bond  to  council 265 

Bond  of 103 

To  appoint  certain  city  officers 102 

Not  to  hold  other  office 107 

To  be  conservator  of  the  peace 108 

Exempt  from  street  labor 117 

Not  to  remit  fine  or  costs 368 

Report  of — what  to  show 376 

May  give  casting  vote  in  case  of  tie 270 

To  approve  ordinances 273 

MINORS— Loitering  on  streets  forbidden. __  415 

MENAGERIES  License  of - 58 

MITTIMUS  — Form  of 364 

MONUMENTS -Injury  to  penalty 90 

MUNICIPAL  YEAR 

When  begins - 158 

License  to  expire  with 255 

NAMES  OF  STREETS 

Changed  and  named 390 

Guide  boards  to  be  maintained--  - - ---  391 

NIGHT  MARSHAL- 

Salary  of . 195 

Bond  of.  ...  __  . 103 

Duties  of . 141 

Report  of -to  be  under  oath  . _ ...  382-385 

To  be  appointed  by  mayor - - - - — 102 

NOTICE 

Of  impounding  when  given  . - - - 6 

Officer  to  post - 10 

Of  council  meetings..  .94 

F.lection  of  Appointment  of  judges  and  clerks. 

Clerk  to  notify  persons  elected  when  173 


CITY  OF  CARBONDALE 


241 


Franchise  notice 198 

To  abate  nuisance_-_ 269 

NUISANCES  — 

What  is,  classification 268 

Penalty,  order  to  abate,  proviso 269 

When  animal  at  large  a,  conditions 1 

When  building  becomes 203 

NUMBERING  HOUSES 

System  of _ 393 

Size  of  figures  392 

Number  per  block,  proviso 394 

OATH  - 

Of  officer,  when  filed 104 

Form  of 111 

What  reports  under  oath 385 

Of  City  Jailer 226 

OBSCENE  LITERATURE  OR  PICTURES- Prohibited,  penalty____  305 
OFFICERS— 

City  officers  enumerated 102 

To  take  oath  and  give  bond 103 

Form  of  bond  and  amounts  _ 103 

Oath  administered  by  City  Clerk ' 104 

Not  to  be  interested  in  contract  106  153 

Who  eligible 105 

Not  to  hold  other  office 107 

To  be  conservators  of  the  peace 108 

jurisdiction  of  Constable  and  Sheriff 109 

To  be  commissioned,  form  of 110 

Form  of  oath 111 

Not  to  be  sureties  for  each  other 112 

Appointive  officer,  when  absent 113 

Must  give  account  of  moneys  received 114 

Resignations,  where  filed 116 

Exempt  from  street  labor 117 

When  to  assume  office 118 

Misconduct,  penalty 119 

Pretending  to  be  an  officer,  penalty 121 

To  make  reports  to  council 375 

OFFICIAL  MAP— (See  plats) 284 

OMNIBUSSES— License  for 159 

OPERA  HOUSES— License  for 57-241 

ORDINANCES- 

Manner  of  recording  and  publishing. 270 

When  to  take  effect 271 

Rules  of  construction  272 

How  passed,  approved,  etc 273 

Fines  not  released  - 274 

City  attorney  to  draw,  etc 275 

General  penalty 276 

Committee  on,  duties  of 98 

Publication  ordinance __  179 

Distribution  ordinance  (See  ordinance  No.  312.) 

Must  be  passed  for  sidewalks  .. . 


404 


242  ORDINANCES  OF  THE 


PAINTING— On  sidewalks  prohibited 424 

PAWNBROKERS- 

License  of 243 

Condition  of  license,  bond 250 

. Must  keep  record,  report  to  marshal 251 

From  whom  property  not  to  be  received 252 

Police  to  report  violations 253 

When  license  to  expire 255 

Penalty 256 

PEDDLERS- 

License  of,  exception 277 

Fees  for,  classification  . 279-280 

License  to  company,  restriction 281 

Peddling  without  license,  restriction.- 282 

Violation,  forfeiture,  penalty __  283 

PEELINGS— Not  to  be  thrown  on  sidewalks _ 423 

PENAL  CODE  AND  PRACTICE— 

Assault,  assault  and  battery,  penalty 286 

Affrays,  penalty 287 

Unlawful  assembly,  penalty 288 

Provoking  a breach  of  the  peace,  penalty 1 289 

Disturbing  the  peace,  penalty 290 

Disturbing  religious  or  other  assembly,  penalty 291 

Disturbing  funeral 292 

Going  about  armed,  flourishing,  penalty 293 

Carrying  concealed  weapons,  penalty 294 

Immoderate  driving  and  racing,  penalty 295 

Routs  and  riots,  penalty 296 

Not  permitted  to  lounge  on  streets,  penalty 297 

Vicious  or  mischievous  animals 298 

Disorderly  house  for  gaming,  etc 299 

Throwing  stones  in  public  places 300 

Climbing  on  vehicles  while  in  motion. 301 

Playing  or  pitching  ball  prohibited 302 

Drunkenness,  penalty. __  ...  303 

Firearms,  fireworks,  prohibited 304 

Obscene  literature  prohibited 305 

Disorderly  house,  penalty 306 

Fornication,  house  for  practice  of 307 

Frequenting  house  of  ill-fame  308 

Prostitutes,  street  walkers,  penalty  309 

Indecent  exposure  of  animal,  penalty — 310 

Cock  fighting,  etc.,  prohibited 311 

Gaming,  penalty  . 312 

Keeping  gaming  house  prohibited.  313 

Adulterating  foods,  penalty 314 

Cheating  by  false  weights  and  measures 315 

Amusement,  keeping  open  on  Sunday 316 

Appearing  in  strange  dress --  317 

Indecent  exposure  of  person 318 

Confidence  game,  cappers,  etc ---  319 

Women  frequenting  wine  rooms,  etc.,  prohibited. __ 320 

Idling  about  depots.  321 

Loitering  of  females  on  streets ...  322 

Collecting  crowd  on  sidewalk,  dispersing  323 


CITY  OF  CARBONDALE  243 


Dag,  whelp  or  other  animal  not  to  be  left  tied 324 

Loafers,  beggars,  etc.,  prohibited 325 

Aiding  prisoner  to  escape 326 

Bicycle,  etc.,  prohibited,  penalty 327 

Tormenting  children,  penalty 328 

Hitching  on  sidewalk  prohibited,  penalty 329 

Hitching,  what  prohibited 330 

Not  to  obstuct  streets,  penalty  331 

Injury  to  sidewalks  and  crosswalks 332 

Sale  of  diseased  meats  prohibited 333 

Defacing  posters,  etc.,  prohibited 334 

Encroaching  on  sidewalks  prohibited 335 

Turning  hose  on  person  or  premises 336 

Posting  bills,  etc.,  prohibited 337 

Malicious  mischief 338 

Trespass,  penalty 339 

Sling-shots,  etc 340 

Possession  of  burglar  tools 1 341 

Loitering  of  boys  about  churches,  342 

Lotteries,  penalty 343 

Vagrants,  penalty 344 

Burning  papers,  shavings,  etc.,  in  public  place 345 

Straw,  etc.,  not  to  be  strewm  near  building, 346 

Accessories,  penalty 347 

Attempt,  penalty 348 

Assault  with  deadly  weapon,  penalty 349 

Process,  summons,  warrant,  complaint,  form  of  complaint 350 

When  warrant  to  issue,  duty  of  marshal 351 

Trial  time  to  procure  evidence,  recognizance 352 

Recognizance,  form  of 353 

Default,  scire  facias,  trial 354 

Continuance,  affidavit,  recognizance 355 

Change  of  venue 356 

Jury  trial,  verdict 357 

Judgment,  costs 358 

What  persons  not  released 359 

Persons  kept  over  Sunday,  recognizance 360 

When  defendant  is  corporation,  procedure _ 361 

Fines  to  be  paid  into  city  treasury 362 

Vexatious  suits,  duty  of  city  attorney 363 

Mittimus,  labor  on  streets,  continuance,  form  of  mittimus 364 

Disposition  of  fine,  city  not  to  pay  costs , , , 365 

When  prosecutor  to  pay  costs 366 

Appeals 367 

Mayor  not  to  remit  fine  or  costs 368 

Process  other  than  by  ordinance,  fees 369 

PENALTY  - General 276 

PHYSICIANS— 

When. to  be  employed 222  234 

To  be  on  board  of  health , 214 

To  report  persons  sick,  when  220 

PIN  ALLEY  License  of 54 

PLATS 

Official  of  city,  what  declared ....  284 

To  be  approved  by  city  council,  etc , 285 


244 


ORDINANCES  OF  THE 


Of  cemeteries  recorded,  how  changed 79 

City  Clerk  to  keep  plats 84 

PLUMBERS— 

Must  have  license 505 

(See  Ordinance  No.  290) 478  516 

POSTING  BILLS— 

Penalty 837 

Defacing  posters,  etc  334 

POSSE— Penalty  for  refusing  to  join 122 

POUNDMASTER- 

Appointment  of,  compensation 3 

To  establish  city  pound 4 

Shall  impound  animals,  when 5 

To  give  notice  of  impounding,  when 6 

Fees  of 14 

Not  to  use  animals,  penalty 17 

Shall  not  abuse  or  neglect  animal 18 

POLL  BOOKS 169 


POLICE— Salary  of - 191  195 

POLICE  MAGISTRATE— 

Report  of,  what  to  show 381 

Vacancy  in  office  of,  how  filled 120 

PRINTING  -Special  commmittee  on,  duties  of 147 

PRIZE  FIGHTING- Prohibited 311 


PROCESS- (See  penal  code) 

PROSTITUTES  Penalty 

PROPERTY,  CITY  — 

What  is 

Conveyance  of,  by  whom  executed 

PUBLIC  HIGHWAYS  What  are 

PUBLIC  IMPROVEMENTS 

Contract  let  for 

How  to  let  for,  advertisement,  contents  of 

PUPPETS-License  of 

railroads 

Speed  allowed,  obstructing,  limits 

Crossings,  How  maintained 

Street  Commissioner  to  notify  agent,  when,  forfeiture 

Ringing  bell  and  blowing  whistle 

Must  keep  lights,  how  and  when.  

Idling  about  depots  prohibited 

Persons  not  to  board  cars,  etc.,  in  motion 

RACING  OR  FAST  DRIVING  PROHIBITED 

REDEEMING  Of  impounded  animal,  how 

RECOGNIZANCE 

Form  of 

Default  on,  scire  facias 


350 

309 


74 

75 
389 


145 

146 

54 


370 

371 

372 

373 

374 
321 
321 

295 

8 


353 

:'54 


CITY  OF  CARBONDALE 


245 


Continuance  on,  etc 

Of  persons  over  Sunday 

REFEREE  Appointment,  when  and  how  made. 

REPORTS- 

Of  city  officers  under  oath 

City  officers  to  make,  when 

Mayor’s  report,  what  show 

Clerk’s  report,  what  show 

Treasurer’s  report,  what  show__ 

Annual  report  of  treasurer 

Attorney’s  report,  what  show  

Magistrate’s  report,  what  show 

Marshals’  reports,  what  show 

Street  commissioner’s  report,  what  show 

Of  hospital  physician 

Pawnbrokers  to  report  to  day  marshal 

REVISED  ORDINANCE 

Publication  authorized,  (see  page) 

Manner  of  recording  and  publishing 

When  to  take  effect 

Rules  of  construction 

How  passed,  approved,  etc 

Fines  not  released 

City  attorney  to  draw  

General  penalty 

REVOCATION  Licenses  subject  to 

RIOTS 

ROPE  WALKING  - License  of 

SALARIES 

How  paid 

(See  also  fees  and  salaries) __ 

SALOONS  — (See  ordinances  301  and  311J 190 

SALE  Surplus  of 

SCIRE  FACIAS- (See  penal  code) 


SEAL,  CORPORATE 

Design  of.  

Where  kept,  to  what  attached  

SEXTON- 

Compensation  of 87,  88 

Duties  of.  81 

To  require  permit . 

Appointment  of  102 

To  give  bond,  amount,  form  of. 

SHERIFF  AND  CONSTABLE  Jurisdiction  of 

SEWERS 

(See  ordinance  No.  290) 478 

Not  to  be  obstructed clause  0 

SHOOTING  GALLERY- 

License  of  _ 

Amount  of  license  required 


355 

360 

201 

385 

375 

376 

377 

378 

379 

380 

381 

382 

383 

220 

251 

179 

270 

271 

272 

273 

274 

275 

276 

254 

296 

242 

197 

187 

193 

13 

354 

76 

77 

197 

144 

87 

81 

103 

109 

516 

268 

54 

59 


ORDINANCES  OF  THE 


246 


SHOWS- 

License  of 54  241 

Amount  of  license  required 57  58 

Indecent  or  immoral  forbidden 310 

SIDEWALKS  — 

Ordinance  must  be  passed  for 404 

Gates  not  to  swing  over 425 

Penalty  for  injuring 331,  332  338 

Banana  peelings  prohibited  on 423 

Painting  on  prohibited 424 

Encroaching  on  prohibited 335 

Not  to  hitch  on 329 

Bicycles,  etc.,  prohibited  on 327 

Collecting  crowd  on,  penalty 323 

Obstructing  with  teams,  etc___  20 

Obstructing  by  tethering  out 21 

Penalty 23 

Other  provisions  (See  chapter  on  nuisances.) 

SKATING  RINKS  License  of 240 

SLING  SHOTS-Penalty 340 

SLAUGHTER  HOUSE- 

Prohibited  in  city  limits . 45  43 

Other  provisions  (See  nuisances) 268 

SPECIAL  EXECUTION  Return  of 12 


STRAW  AND  SHAVINGS— Not  to  be  strewn  near  building 

STREETS  - 

Changing  names  and  naming  __  . 

Guide  boards  to  be  maintained  ... 

Houses  numbered,  size  of  figures 

System  of  numbering 

How  many  numbers  per  block,  proviso 

Not  to  obstruct,  penalty 

Loitering  of  females  on  prohibited 

Walkers  on,  penalty 

Playing  or  pitching  ball  in 

Not  to  lounge  on 

Fast  riding  and  driving  on 

Plats  to  conform  to 

Awnings  over  prohibited 

STREET  COMMISSIONER— 

Duties  of  as  to  street  labor 

Appointment  of,  duties 

Bond  of,  amount 

To  remove  dead  animals,  etc 

Salary  of 

Report  of  what  show 

Annual  report  of  Street  Commissioner 

STREET  LABOR 


Street  labor,  who  liable  for,  exemption,  number  of  days 395 

Notice  to  work,  how  given 396 

Commutation,  when  to  be  paid-.  397 

Duty  of  Street  Commissioner 398 

Full  number  of  days,  etc.,  penalty  . - - 399 


142,  143,  398 

102 

103 

26 

192 

382 

384 


. 346 


39) 
. _ 391 
392 
..  393 
394 
331 
322 
__  309 
...  302 
297 
..  285 
285 


CITY  OF  CARBONDALE 


247 


Idlers,  penalty 400 

Suit,  disposition  of,  penalty-- 401 

Teams,  how  procured 402 

When  work  to  be  done 403 

Prisoner  to  labor,  etc 364 

STRANGE  DRESS- Appearing  in  prohibited,  proviso 317 

STREET  WALKERS  Prohibited,  penalty 309 

SUNDAY- 

Amusement,  keeping  open  on  Sunday,  penalty 316 

Selling  liquor,  etc.,  on  Sunday  prohibited-  467  470 

Persons  kept  over  Sunday,  recognizance 360 

SUMMONS 350 

SWINGS  — 

License  of 54  242 

Penalty 55  256 

TALLY  LIST 169 

TAX  - 

Owner  of  dog  to  pay 27 

When  to  be  paid 34 

Marshal  to  pay  tax  over,  when 37 

TAXES 

Appropriations,  amounts  specified 405 

Levy,  when  and  how  made 406 

Copy  to  be  filed  with  County  Clerk,  extension 407 

How  collected 408 

Collector  to  settle  with  Treasurer,  when 409 

Appropriations,  Treasurer  to  set  apart 410 

Must  be  uniform,  exemptions 411 

Separate  accounts,  credits  given 412 

TEAMS 

To  be  made  fast 19 

Obstructing  sidewalks  or  streets  with 20 

How  procured  for  street  labor 402 

Tethering  out 21 

Hitching  to  shade  trees 22 

Penalty 23 

Officers  charged  with  enforcement--- 24 

TETHERING  OUT  Penalty  for 21 

THEATRE —License  of 57  241 

THEATRICAL  TROUPE  - 

License  of 54  241 

Amount  of  license  57 

TREASURY- 

Warrants  on,  by  whom  signed  and  issued-.  134 

How  salaries  to  be  paid  from 197 

Fees  to  be  paid  into 261 

Fines  to  be  paid  into 362  365 

Reports  to  show  condition  of,  etc 378  379 

Penalties  turned  into 401 

Taxes  turned  over  to 408 

Marshal  to  pay  moneys  over  to  37 


248 


ORDINANCES  OF  THE 


TREASURER.  CITY— 

To  keep  separate  accounts  of  cemetery  fund  .- 83 

Bond  of,  form  of  bond 103 

Duties  of 131 

Report  of,  what  show 132 

Annual  report  of,  what  show 133 

Warrants  drawn  on 134 

Penalty 135 

TRESPASS  -Penalty 339 

TRIAL— (See  Penal  Code) 352  354 

TRIAL  BY  JURY — (See  Penal  Code) 357 

UNLAWFUL  ASSEMBLY 288 

VAGRANTS  Penalty,  who  are 344 

VEHICLES— 

Keep  to  the  right,  not  allowed  on  sidewalks 327  420 

Speed  of,  fast  driving 295  421 

Lights,  horns  on,  etc 422 

VENUE-Change  of 356 

VERDICT 357 

VETO- Mayor  may 273 

VEXATIOUS  SUITS -Duties  of  City  Attorney  in 363 

VOTING  ILLEGAL- 

Penalty 175 

By  “yeas”  and  “nays”  roll  call.- : - 96 

WARRANTS 350 

When  to  issue,  duty  of  Marshal 351 

WARRANTS  ON  TREASURY 

By  whom  signed  and  issued  130  134 

WARDS  - Number  and  boundaries  of. __  73 

WATER  PIPES— See  Ordinances  Nos.  273  and  290 471  516 

WATER- 

Turning  on  person  or  premises 336 

Pollution  of : clause  5 268 

See  Ordinance  No.  273 471  477 

WATER  WORKS  -See  Ordinance  No.  273 471  477 

WAX  FIGURES-License  of 242 

WIRE  WALKING  License  of 242 

WINE  ROOMS  Lewd  women  prohibited  in 320 

WOMEN- 

Not  to  frequent  wine  rooms,  etc- . . 320 

Loitering  on  streets  forbidden 322 

Street  walkers  forbidden 1 309 

Keeping  women  for  fornication 307 


CITY  OFFICIALS— 1903-1904 


CITY  OF  CARBONDALE  249 


General  Index  to  Special  Ordinances. 

ORDINANGE  148- 

Electric  Light  Franchise  to  R.  D.  Bradberry 426  438 

ORDINANCE  253 

Contract  for  Street  Lighting 439  442 

ORDINANCE  206- 

Permit  to  Standard  Oil  Company 443  444 

ORDINANCE  199- 

Telephone  Franchise  to  C.  Lee  Downey 445  453 

ORDINANCE  301- 

Dram  Shop  License 454  466 

ORDINANCE  311  — 

Prohibiting  sale  of  Intoxicating  Liquors  on  Sunday 467  470 

ORDINANCE  273- 

Water  Works  Franchise 471  477 

ORDINANCE  290- 

Relatingto  Sewers,  Plumbing  and  Drains 478  516 

ORDINANCE  229- 

Relating  to  Loitering  on  Streets 517  518 

ORDINANCE  293- 

Weights  and  Measures  519  516 

ORDINANCE  298- 

Sputum  Ordinance 527  528 

ORDINANCE  295- 

Granting  Telephone  Franchise  to  Elkville  Company 529  536 

ORDINANCE  296- 

Granting  Telephone  Franchise  to  Carbondale  Company 537  544 

ORDINANCE  220- 

Regulating  Construction  of  Privies 545  546 

ORDINANCE  247- 

Granting  Franchise  to  H.  C.  Curtis  and  Others 547  550 

ORDINANCE  303  - 

Authorizing  the  Issue  of  Bonds 551  558 

ORDINANCE  312- 

Relating  to  Sale  of  Revised  Ordinances 559  562 

CERTIFICATE  OF  THE  CITY  CLERK  (Page) 227 


ERRATA. 


In  the  first  line  of  section  59,  Chapter  III,  the 
words,  “skating  rink”  should  be  omitted. 

To  section  72,  Chapter  V,  should  be  added  the 
following:  To  the  boundaries  of  the  city  as  outlined 

in  section  72  should  be  added  Outlot  No.  162. 

In  the  second  and  third  lines  of  section  135,  Chap- 
ter* VIII,  the  numbers  “17,  18  and  19”  should  read  30, 
31  and  32  respectively. 

Section  158,  Chapter  X,  should  read  as  follows: 
The  municipal  year  of  the  City  of  Carbondale  should 
commence  on  the  first  Tuesday  of  May  of  each  year 
and  should  be  construed  to  include  the  period  elapsing 
between  the  regular  annual  installations  of  officers. 

In  the  fifth  line  of  section  160,  Chapter  XI,  the 
figures  $3.00  should  read  ten  dollars  ($10.00). 

To  section  189,  Chapter  XIII,  should  be  added  the 
following:  And  he  shall  also  receive  the  following 

fees:  For  issuing  saloon  license,  one  dollar;  for  drug- 

gist permit,  one  dollar;  for  all  other  licenses,  fifty  cents; 
for  burial  permit,  fifty  cents;  for  cemetery  deed,  fifty 
cents;  for  taking  and  filing  bond,  fifty  cents;  for  all  of- 
ficial certificates,  fifty  cents;  for  administering  oaths, 
fifty  cents. 

In  the  eighth  line  of  section  226,  the  words  “one 
thousand”  should  read  five  hundred. 


